Recently in 2nd Offense DUI / Operating Under the Influence Category

November 11, 2011

Taunton Man Arrested for DUI After Warning by Police


A Taunton man who was allegedly warned by police not to drive was then arrested for Massachusetts Drunk Driving Law Violations.

According to the Taunton Police Department, the man was warned early Wednesday morning not to get back into his car or he would be arrested. The officer had initially seen Pacheco standing on the sidewalk and speaking on his cell phone, allegedly swaying side to side and appearing intoxicated.

The Taunton Police Officer allegedly offered the driver a ride to the police station so he could call someone for a ride, but he reportedly opted to get back into his case and drive off.

He was then pulled over and arrested for Operating Under the Influence of Alcohol, Second Subsequent Offense.

The man also reportedly submitted to and failed a series of Field Sobriety Tests.

He was arraigned in Taunton District Court on OUI / DUI 2nd Offense and release on his own personal recognizance.

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October 10, 2011

Daughter-In-Law to Boston Bruin Bobby Orr Arrested for Drunk Driving


Chelsea Orr, daughter-in-law to former Boston Bruin Bobby Orr, was arrested last week by Cohasset Police on Massachusetts Drunk Driving Charges.

Orr was arraigned in Quincy District Court for Operating Under the Influence of Alcohol, Second Subsequent Offense.

According to the Cohasset Police Department, Chelsea Orr's car was involved in an accident. EMT's, who were reportedly already on scene, told police that Orr allegedly ran from her car towards her house but hid in the bushes, eventually agreeing to come out to be evaluated.

Cohasset Police then reported that Orr allegedly admitted to drinking earlier in the evening prior to the crash and also allegedly failed Field Sobriety Tests.

OUI / DUI 2nd Offense in Massachusetts carries a sentence of imprisonment to the House of Corrections for not less than 60 days and not more than 2.5 years. In addition, a second drunk driving conviction will result in a driver's license suspension for 2 years and require the installation of an Interlock Device upon reinstatement of the person's license.

Notwithstanding these penalties, Massachusetts DUI / OUI Laws also provide an 'alternative disposition' for second time offenders. The alternative disposition, upon a change of plea, would involve being placed on probation; completion of an in-patient alcohol treatment program; loss of license for 2 years; and the installation of an Interlock Devine on the vehicle when the license is reinstated.

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September 28, 2011

Former Lawrence Mayoral Aid Arrested for Drunk Driving


Richard Burke, 41, of Marblehead, was arrested this past weekend in Salem for allegedly violating the Massachusetts Drunk Driving Laws for a second time.

Burke was arraigned in Salem District Court for Operating Under the Influence of Alcohol, Second Subsequent Offense.

According to the Essex County District Attorney's Office, Richard Burke was allegedly tailgating another driver in Salem when he took a sudden left turn and crashed, head on, into another car. Salem Police Officers allegedly reportedly that they detected an 'odor of alcohol' when they arrived on scene, but there is no indication that he was asked to perform any Field Sobriety Tests or submitted to an Alcohol Breath Test.

Without any addition evidence, however, this appears nothing more than a simple motor vehicle accident - and the alleged odor of alcohol, without any corroborative evidence, is not necessarily dispositive that Burke allegedly operated a vehicle 'while under the influence of alcohol'.

A former aid to Mayor's Office for the City of Lawrence, it appears that by all accounts Richard Burke has a very well established reputation in his community.

Unfortunately, Burke had a prior Massachusetts DUI / OUI case pending, and as a result of the new charges, his bail not he prior case was revoked and is currently held in custody for 60 days. Once that revocation period expires, however, the bail not the newer drunk driving case will be set at $5,000.

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September 3, 2011

Hingham Police Arrest Hull Woman for DUI After Beer Spills Out


Kaitlin M. Rymaszewski, 22, of Hull, was arrested last night on Massachusetts Drunk Driving Charges after being pulled over by Hingham Police.

Rymaszewski was charged with Operating Under the Influence, 2nd Subsequent Offense, Negligent Operation of a Motor Vehicle; and Driving with an Open Container.

According to the Hingham Police Department, Rymaszewski was arrested after police officers observed beer spilling out of the glove compartment of her car, though it is unclear what prompted the police to initially conduct a vehicle stop.

Hingham Police allege that Rymaszewski allegedly stated that the beer was a gift from a friend after she completed a court-ordered alcohol treatment program following her first DUI / OUI arrest; and that she shoved the beer into the glove compartment when she saw the police lights flashing behind her to pull over.

In Massachusetts, Operating Under the Influence of Alcohol, 2nd Subsequent Offense, carries a sentence of not less than 60 days and not more than 2.5 years in jail, as well as a suspension of the person's driver's license for 2 years and the installation of a interlock device on the vehicle when the license is ultimately reinstated.

Massachusetts DUI / OUI Laws, in lieu of a committed jail sentence, also provide for what is referred to as an 'Alternative Disposition' if the person elected to resolve the case by a change of plea rather than proceeding to trial. The Alternative Disposition would include being placed on probation; completion of an in-patient Alcohol-Treatment Program; loss of driver's license for 2 years; and the installation of an interlock device on the vehicle.

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July 23, 2011

Chelmsford Man Charged with Vehicular Homicide by DUI After Killing Wife


Harry Conover, 73, was arraigned in Lowell District Court on Massachusetts Drunk Driving Charges after he allegedly drove into and killed his wife outside their Chelmsford home. He was arraigned on DUI charges including Operating Under the Influence of Alcohol, Second Subsequent Offense, Negligent Operation of a Motor Vehicle and Vehicular Homicide by Operating Under the Influence.

According to the Middlesex County District Attorney's Office, Harry Conover and his wife, Sandra Conover, 73, reportedly got drove away after getting into an argument with his wife. His wife apparently followed him outside and Conover allegedly struck her as he was driving away. The District Attorney's Office alleges that Conover initially continued driving but then came back after he reportedly saw his wife on the driveway. Prosecutors allege that Sandra Conover suffered a collapsed lung and blunt-force trauma to the chest and shoulder as a result of being run over.

According to the Lowell Police Department, Harry Conover allegedly admitted having had an argument with his wife, after which he had a few drinks of vodka. Lowell police report that Conover allegedly submitted to a Breathalyzer Test which registered a blood alcohol content of 0.09%, just over the legal limit; but then a second test yielded a blood-alcohol content of 0.06%, below the legal limit.

Lowell Police also reported that Harry Conover submitted to Field Sobriety Tests, though it is unclear at this time whether or not the police allege he failed them.

Following his arraignment in Lowell District Court on Massachusetts DUI Charges, Conover was released on his own personal recognizance.

Although a tremendously unfortunate incident for the family involved, Harry Conover will have to not only deal with the death of his wife, but also these pending OUI charges. In that regard, I'm not so surely convinced that there is sufficient evidence in the prosecutor's case to sustain the charge of Motor Vehicle Homicide by OUI.

In order to convict someone for Vehicular Homicide by DUI, one of the elements the prosecutor must prove, beyond a reasonable doubt, is that the defendant operated the vehicle in a reckless or negligent manner so that the lives or safety of the public might have been endangered. In that regard, I would suggest that simply where death resulted is not enough to meet that standard - there must be some other specific indicia of recklessness or negligence that the resulting death was foreseeable under the circumstances of operation.

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June 18, 2011

Attleboro Man Arrested Twice in Two Days for Drunk Driving


Mark A. Traversi, 56, of Attleboro, was arrested twice this past week, and three times in the last three months, on Massachusetts Drunk Driving Charges. Traversi was first arrested last Sunday in Rehoboth for Operating Under the Influence of Alcohol, Second Subsequent Offense.

He was against arrested on Monday, again for Operating Under the Influence of Alcohol, Second Subsequent Offense, this time for allegedly driving into a yard in Attleboro and then taking off. Following the Monday DUI / OUI incident, Mark A. Traversi was arrested at his Attleboro home, at which time he reportedly submitted to an Alcohol Breath Test which yielded a reading of 0.30%.

Traversi was arraigned in Attleboro District Court and charged with Operating Under the Influence, Second Subsequent Offense, Negligent Operation of a Motor Vehicle, and Leaving the Scene of Property Damage.

At the time of both of his most recent Massachusetts DUI / OUI arrests, Traversi was on probation of a First Offense DUI Law Violation out of Wrentham District Court. Following his arraignment in Attleboro District Court, Mark Traversi was ordered held without bail and sent to Bridgewater State Hospital in order to be evaluated by the Massachusetts Alcohol and Substance Abuse Center.

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May 16, 2011

Amesbury Woman Charged with 2nd DUI Following Deadly Burlington Crash


Nicole Parziale, 39, of Amesbury, was charge with several Massachusetts Drunk Driving Charges following a crash in Burlington this weekend that resulted in four people injured and a Bedford man dead. At this time, she has been charged with Operating Under the Influence of Alcohol, 2nd Subsequent Offense and Negligent Operation of a Motor Vehicle.

According to the Massachusetts State Police, Nicole Parziale was allegedly driving on I-95 North when she crossed over several lanes of traffic and struck another car. From the collision, the other car was sent into the guard rail in the left lane. The driver of that car, Kayla E. Trenholm and her passenger, David N. Torrey, were taken to a Winchester Hospital for minor injuries.

Meanwhile, Nicole Parziale and the passengers in her car, Glenn Robichaud and Denis J. Splain, were also taken to a Burlington Hospital for their injuries. Glenn Robichaud, however, later succumbed to his injuries.

According to the Massachusetts State Police, additional DUI / OUI Charges may be pending against Nicole Parziale, including Vehicular Homicide and/or Manslaughter While Operating a Motor Vehicle While Under the Influence of Alcohol.

As charged, however, Parziale is facing at least 60 days and up to 2.5 years imprisonment for the DUI 2nd Offense charge, as well as a loss of her Driver's License for 2 years and installation of an Interlock Device once her license is reinstated.

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April 22, 2011

Alleged Drunk Driver Hits Massachusetts State Trooper on I-93


minasian.jpgLeslie K. Minasian, 46, of East Bridgewater and former Boston resident, was arrested on Massachusetts Drunk Driving Charges after she allegedly struck a state trooper on I-93 early this morning. She was arraigned in Quincy District Court this morning on charges including Operating Under the Influence of Alcohol, Second Subsequent Offense, and Negligent Operation of a Motor Vehicle.

According to the Norfolk County District Attorney's Office, Leslie Minasian was driving on I-93, near the Route 24 exit, an area that was reportedly under construction and where a Massachusetts State Police Trooper was assigned for traffic control. The Trooper was inside his car, which was parked in a closed lane and with its emergency lights activated, when Minasian allegedly rear-ended the trooper's car with her Land Rover Discovery.

The extent of the Massachusetts State Trooper's injuries were not immediately available, but it was reported that he was hospitalized at Boston Medical Center.

The Massachusetts Drunk Driving Crime of Operating Under the Influence of Alcohol, 2nd Subsequent Offense, carries potential imprisonment of not less than 60 days and not more than 2.5 years in the House of Corrections; a driver's license suspension of 2 years; and installation of an Interlock Device on the vehicle following restoration of the drivers license.

Massachusetts DUI Laws provide for an 'Alternative Disposition', even for DUI 2nd Offenders, which provide for probation and completion of an Alcohol-Treatment Program in lieu of a committed sentence.

Following her arraignment in Quincy District Court on OUI / DUI 2nd Offense Charges, Leslie Minasian was held on $6,500 cash bail.

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March 31, 2011

Marblehead Man Arraigned in Salem District Court on 2nd Drunk Driving Arrest


Cameron Crandall, 20, of Marblehead, was charged his second Massachusetts Drunk Driving Charge for after allegedly almost striking three cars from Danvers into Salem.

Crandall was arraigned in Salem District Court earlier this week for Operating Under the Influence of Alcohol, 2nd Subsequent Offense.

According to the Essex County District Attorney's Office, Salem Police Officers received a call from dispatch to look for a suspected drunk driver operating a Cadillac that was drifting in and out of lanes in Danvers near the Liberty Tree Mall. A man, who apparently continued to follow Crandall, reported that he had been following the car for some time. When Salem Police also saw the car swerve in and out of lanes, Crandall was pulled over.

The Salem Police Officers that pulled Crandall over reported that they smelled an odor of alcohol and that when asked to produce the registration of the vehicle, he allegedly produced a lottery ticket.

Crandall allegedly failed Field Sobriety Tests, but when asked to submit to a Breathalyzer Test, he refused. Under Massachusetts DUI / OUI Laws, a Breathalyzer Refusal by a person under the age of 21 is an automatic driver's license suspension for 180 days.

At his arraignment in Salem, Essex County prosecutors reported that Crandall's first DUI / OUI arrest was in 2008 when he was 17. In that case, he drove through a Lynnfield neighborhood and mowed down several mailboxes.

Although Crandall was released on $500 bail from the Salem Police Station following his arrest, he was taken into custody at his arraignment because he was currently on probation out of the Boston Municipal Court on a charge of Malicious Destruction of Property.

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March 27, 2011

Braintree Police Charge Brockton Man with 2nd Massachusetts DUI


James A. Spencer, of Brockton, was arrested this past week by Braintree Police officers on Massachusetts Drunk Driving Charges. He was arraigned in Quincy District Court for Operating Under the Influence of Alcohol, 2nd Subsequent Offense.

According to the Norfolk District Attorney's Office, James Spencer was allegedly stopped early Thursday morning by Braintree Police Officers responded to a report of a vehicle driving erratically and which may have struck the curb several times. Officers then allegedly observed Spencer operating his vehicle at the intersection of Hancock and Plain Street, where the then signaled for him to stop his car.

Braintree Police allegedly observed "possible signs of intoxication" and asked him to perform several Field Sobriety Tests. Because nobody can pass any Field Sobriety Tests in Massachusetts with 100% success, he was placed under arrest for OUI / DUI.

Although James Spencer allegedly recorded a reading of over 0.16% when he later agreed to a Breathalyzer Test, as in every OUI / DUI prosecution, it is critical that the defense team evaluate all data to verify that the Breathalyzer machine was properly calibrated and that the test was properly administered.

Additionally, as with many drunk driving cases, that the police claim that the person failed any or all of the Field Sobriety Tests is not fatal to your DUI / OUI defense. The reality is that all Field Sobriety Tests are subjective and the officer's goal when administered these tests is to fail you.

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February 27, 2011

Boston Man Arrested for Second DUI Offense in Danvers


DUI pic.jpgA Boston man was arrested this past week on Massachusetts Drunk Driving and Related Charges for allegedly being "all over the road" in Danvers. The unidentified Boston man was arrested and charged with Operating Under the Influence of Alcohol, 2nd Subsequent Offense; and Resisting Arrest.

According to the Danvers Police Department, the driver was pulled over in the area of Dyer Court in Danvers when he allegedly went through a stop sign. When police began questioning him, he allegedly became "combative", and consequently allegedly resisted the officers attempts to handcuff and arrest him.

2nd Offense Drunk Driving Charges in Massachusetts:
The potential penalties involved for a Second Subsequent DUI / OUI in Massachusetts involves possible imprisonment in the House of Corrections of 'not less than 60 days and up to 2.5 years'. A subsequent OUI conviction will also lead to an increased loss of the persons Massachusetts' Driver's License for 2 years, and the requirement of the installation of an Interlock Device on the person's vehicle in order to have his/her license reinstated.

Notwithstanding the above possible dispositions, a Second Offense DUI conviction also provides for an 'Alternative Disposition', which would include: probation; completion of an in-patient Alcohol-Treatment Program; Driver's License Suspension for 2 years; and installation of an Interlock Device on the vehicle when his/her license is reinstated.

Because of the various potential severe penalties involved if charged with a Massachusetts DUI / OUI Crime, you should Contact a Boston DUI / OUI Lawyer.

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February 13, 2011

Woman Charged with Massachusetts DUI Had Infant in Back Seat


Lyndsey Bessette, 27, of Dighton, was arrested in Rehoboth and charged with Massachusetts Drunk Driving Crimes for allegedly driving recklessly with her infant daughter in the backseat. Bessette was arraigned this past Thursday on charge of 2nd Offense Operating a Motor Vehicle While Under the Influence of Alcohol, Reckless Driving, and Reckless Endangerment of a Child.

According to the Rehoboth Police Department, a passing motorist called 911 to report that white SUV was driving erratically. When Rehoboth police officers located and pulled Bessette's SUV over, she allegedly told the officer she ad "too much" to drunk. She was immediately placed under arrest and her infant child, whom she had in the backseat, was taken to the police station until she was later picked up by Bessette's family.

Following her arraignment in the Taunton District Court, Bessette was released after posting $5,000 cash bail.

Given what has been reported, most people would assume that Lyndsey Bessette has absolutely no defense. However, based on the available details of this case, the only real damaging information against her appears to be the call from the concerned motorist and her alleged statement that she had "too much."

In my experience, however, when police officers memorialize what people allegedly stated, more often than not those statements are grossly taken out of context. In a vast majority of my cases, my own clients are often stunned to find out what the officers claim they allegedly said - and almost always, deny ever having said what is claimed.

Additionally, it's not clear whether there were any other factors suggesting that Bessette was 'intoxicated to a degree that impaired her ability to operate her motor vehicle safely.' 'Erratic operation', for instance, is but one of several factors to take into consideration; and there could be many explanations for the alleged 'erratic operation', particularly where the officers do not claim they observed a 'strong odor of alcohol'; that she was 'unsteady on her feet'; or exhibited 'slurred speech.'

The point, at the end of the day, is that a great many DUI / Drunk Driving Crimes are very beatable, despite how hopeless they may appear at first glance...

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