Boston DUI Lawyers Blog

A Plymouth man was arrested last week on Massachusetts Drunk Driving Charges, his 8th. He was charged with Operating Under the Influence of Alcohol, 8th Subsequent Offense.

According to the Massachusetts State Police, the Plymouth man was stopped in Route 3 for allegedly failing to stay in his lane. When the car was stopped, the state trooper reportedly noticed the operator to have bloodshot eyes, slurred speech, and could allegedly smell alcohol on his breath.

The Massachusetts State Police additional reported that this operator's driver's license had been revoked for 10 years for a prior OUI / DUI offense.

OUI / DUI 5th or Subsequent Offense in Massachusetts is punishable by imprisonment for not less than 2.5 years and up to 5 years in state prison. Additionally, a conviction for a 5th or subsequent drunk driving charge will result in a lifetime revocation of your driver's license without the possibility of obtaining a hardship or 'cinderella' license.

Given the extreme penalties involved in Massachusetts OUI / DUI cases, anyone charged with allegedly operating under the influence of alcohol should immediately Contact a Boston DUI / OUI Lawyer.

Boston DUI / OUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Crimes.

The Massachusetts State Police reported that they arrested a New Hampshire man in Lexington for his 6th Drunk Driving Charge after he was allegedly found passed out in his car.

Timothy Converse, 50, was arrested for Operating Under the Influence of Alcohol, 5th or Subsequent Offense.

According to Massachusetts State Police, Converse was found along the side of the road on Route 128 passed out in the driver's seat with the car running. State troopers allege that Converse smelled an odor of alcohol on his breath, and that he had bloodshot and glassy eyes.

Apparently, when officers ran a check of the driver's license status, it was discovered that it was suspended because he was a 'habitual offender' and that he was also wearing an ankle monitoring bracelet.

Notably, it appears that Massachusetts State Police did not make any observations of any impaired operation, such as any traffic violations, etc. ...and without any additional evidence, such as Field Sobriety Tests and/or an Alcohol Breath Test, it appears that the OUI/ DUI charge is extremely weak for the prosecution.

Simply allegations of the smell of alcohol, even a strong odor, and bloodshot eyes, without more evidence, would arguably be difficult to prove, beyond a reasonable doubt, that he was operating under the influence of alcohol.

Even in circumstances, such as here, where the car was parked, one can still be charged with OUI / DUI. The Massachusetts Supreme Judicial Court has contemplated this issue and decided that an intoxicated driver who only puts the key in the ignition, even without turning the car on, can still be charged with Operating Under the Influence of Alcohol or Drugs.

Under Massachusetts DUI Laws, a car is in "operation" anytime a person intentionally does an act or makes the use of any mechanical or electrical agency that alone, or in sequence, sets in motion the motive power of the car. Even turning the key to the "on" position could constitute part of the sequence that puts the engine in motion, and is therefore "operation".

Continue reading "Massachusetts Police Arrest Man for 6th Drunk Driving Offense" »

A man from East Boston was arrested on his 8th Massachusetts Drunk Driving Charge on Thanksgiving.

Albert Diaz, 52, was reportedly arrested in Chelsea for OUI / DUI 8th Subsequent Offense, Negligent Operation of a Motor Vehicle, and Unlawful Operation of a Motor Vehicle After Suspension for DUI / OUI.

According to the Massachusetts State Police, Diaz was stopped in Chelsea after he allegedly committed one or more traffic violations. Police allege that he also failed several Field Sobriety Tests.

In many alleged drunk driving cases, the police will almost always cite traffic violations as the basis for conducting a motor vehicle stop and as evidence of impaired operation. Just because there was a traffic violation or two, such as speeding or red light violation for example, does not necessarily mean that you have no defense to DUI charges.

In many cases, the alleged traffic violations can easily be attributable to other factors aside from impaired operation, such as the late hour, fatigue and/or other distractions in the vehicle.

Even where you may have submitted to and alleged failed Field Sobriety Tests, that may not always be fatal to your defenses either. Inherently, Field Sobriety Tests are fallible in many respects, and are almost never administered properly or under the optimum conditions they were designed for.

For those reasons, if you are arrested for a DUI / OUI, it is critical that you Consult with a Massachusetts Drunk Driving Lawyer.

Continue reading "East Boston Man Faces 8th Drunk Driving Charge" »

A Woburn man with four prior OUI / DUI convictions was arrested in Boston on his 5th Massachusetts Drunk Driving Charge this past week.

Thomas D. McCue, 42, was charged in Boston Municipal Court with Driving Under the Influence of Alcohol, 5th Subsequent Offense, Negligent Operation of a Motor Vehicle, and Operating After Suspension for OUI / DUI.

According to the Suffolk County District Attorney's Office, McCue was alleged speeding on Storrow Drive in Boston when Massachusetts State Police attempted to pull him over. McCue reportedly pulled over on the Harvard Bridge heading towards Cambridge, but then allegedly sped away and rear-ended a taxi driver.

When the car was finally stopped, the Massachusetts state trooper alleges that McCue refused to roll down his window, at which point the trooper smashed the window with his flashlight where he was immediately arrested.

Following being booked at the Massachusetts State Police barracks in Boston, McCue allegedly admitted to have drunk 3 glasses of wine; allegedly failed 3 Field Sobriety Tests; and also submitted to a Breathalyzer Test, with readings of 0.24%, 0.15% and 0.24%.

At his arraignment in Boston Municipal Court on these OUI / DUI Charges, McCue was held without bail pending a Dangerousness Hearing.

DUI / OUI 5th Subsequent Offense carries significant penalties in Massachusetts, including imprisonment for not less than 2.5 years and up to 5 years; lifetime revocation of your driver's license without the possibility of a hardship license; cancellation of the vehicle's registration and possible forfeiture of the car.

Continue reading "Woburn Man Arrested in Boston on 5th Drunk Driving Charge" »

A 50 year old Taunton man was arrested by Massachusetts State Police Officers this past weekend and charged him with his 7th Massachusetts Drunk Driving Law Violation.

Howard Stockbridge was charged with OUI / DUI 5th Subsequent Offense, Leaving the Scene of an Accident, Operating Under the Influence of Alcohol After License Suspended for Previous OUI /DUI.

According to police, state police received calls concerning an accident on 495 in Foxboro. The callers alleged that man driving a truck struck a 2011 Kia Sorrento and then fled on foot through the woods.

Massachusetts State Police who had responded to the scene of the accident in Foxboro ran a check through the Registry of Motor Vehicles and found that the vehicle was registered to Howard Stockbridge. After witnesses reportedly identified his photo from the Registry of Motor Vehicles, he was subsequently located and arrested.

One of the key issues involved in this case is challenging the propriety of the alleged identification of the operator. In cases such as these, where the police conduct a purported identification procedure yet disclose only one photo to the witness for identification, these circumstances certainly raise a question of whether the identification procedure was fairly conducted.

In all Massachusetts criminal cases, identification of the alleged perpetrator is an essential element. The government in every case has the burden of proving, beyond a reasonable doubt, that the defendant is the individual who committed the alleged crime. Therefore, if an identification procedure is conducted unfairly, or is unduly suggestive in any way, would most likely increase the likelihood of a mistaken identification or conviction.

The issue of a possible mistaken identification is even more pronounced in the case of a DUI / OUI 5th or Subsequent Offense where the minimum-mandatory penalty is imprisonment of not less than 2.5 years and up to 5 years in state prison.

Continue reading "Massachusetts Police Arrest Taunton Man for 7th Drunk Driving Offense" »

A Boston man was indicted by a Suffolk County Grand Jury for allegedly violating the Massachusetts Drunk Driving Laws. Neftali Pastrana, of Roslindale, was indicted by the Boston grand jury in August for allegedly Operating Under the Influence of Alcohol, 5th Subsequent Offense.

According to the Boston Police Department, officers reportedly responded to a crash in Roslindale on Washington Street that involved a 72 year old West Roxbury woman who had gotten rear-ended by an SUV, allegedly driven by Pastrana.

Upon arrival, officers allegedly noticed a strong odor of alcohol on his breath and reported that he had 'glassy eyes'. Although Boston Police admit that Pastrana denied having consumed any alcohol, they then allege that he later told them that he had consumed alcohol at a local liquor store.

As they also do, the Boston Police alleged that Neftali Pastrana failed a series of Field Sobriety Tests, including the Alphabet Test, which notably is not a standardized recognized test.

A 5th Subsequent DUI / OUI Offense in Massachusetts is punishable by imprisonment for not less than 2.5 years and not more than 5 years in state prison. In addition, a person convicted of a 5th or subsequent drunk driving offense also faces a lifetime revocation of their driver's license, without the possibility of ever obtaining a hardship license; and the district attorney's office may also seek to forfeit the person's vehicle.

Continue reading "Boston Man Charged with 5th Drunk Driving Offense" »

Eduardo Alementa Torres, 48, who is from Mexico but now living in Marlborough, was arrested this past weekend for the 6th time on Massachusetts Drunk Driving Law Violations in Boxborough.

Torres was charged with OUI / DUI 5th or Subsequent Offense and was scheduled to be arraigned this morning in Ayer District Court.

According to the Boxborough Police Department, Eduardo Alementa Torres was pulled over Saturday morning for an expired inspection sticker on I-495. After approaching the car, the police officer allegedly saw an open beer bottle on the passenger seat and also noted a "strong odor of alcohol".

After removing him from the car, Torres allegedly failed a Field Sobriety Test, and then also submitted to and failed a Breathalyzer Test, which reportedly gave a reading of 0.09%.

Although it may appear that Torres has little or no defense to contest these charges, one might notice that the officer didn't pull his car over on suspicion of drunk driving. For example, he wasn't pulled over for erratic driving; driving on the wrong side of road; speeding; and wasn't involved in an accident. By all indications, it appears that Torres was operating his car in a safe manner and obeying all the traffic laws (aside for those technical violations such as expired inspection sticker, etc.).

It has also been reported that Torres, aside from his Drunk Driving conviction, had previously been deported and a fugitive by the United States Immigration and Customs Enforcement.

Following his arraignment this morning in Ayer District Court, Eduardo Alementa Torres was held without bail pending a Dangerousness Hearing.

Continue reading "Illegal Alien Charged with 6th Drunk Driving Offense in Massachusetts" »

John S. King, of Yarmouthport, was arrested last Sunday night and charged on Massachusetts Drunk Driving Charges.

King was stopped by police on Route 6A after he narrowly averted a head-on collision with a police cruiser. He was charged with Operating Under the Influence of Alcohol, 5th or Subsequent Offense and Negligent Operation of a Motor Vehicle.

An OUI / DUI 5th Offense in Massachusetts is extremely serious, as it carries a potential for imprisonment of not less than 2.5 years and up to 5 years in state prison. In addition, a conviction for a 5th drunk driving offense will result in the lifetime revocation of the person's driver's license with no possibility of even ever obtaining a hardship or 'cinderella' license.

Moreover, since the passing the Melanie's Law, prosecutors in Massachusetts DUI / OUI cases can further seek to have the person's car forfeited!

Given the extreme and severe consequences involved, those charged with any DUI / OUI Offenses in Massachusetts should immediately Consult with a Drunk Driving Lawyer.

Continue reading "Massachusetts Man Arrested for 5th DUI Offense" »

Joseph F. Limone, 60, was arrested for the eighth time in Revere this past today on Massachusetts Drunk Driving Law Violations. He was arraigned in Chelsea District Court on DUI / OUI charges including Operating a Motor Vehicle Under the Influence of Alcohol, 5th or Subsequent Offense and Malicious Destruction of Property.

According to the Massachusetts State Police, Joseph F. Limone was allegedly driving in Revere following too close to another vehicle and swerving. After being pulled over, the trooper reportedly gave him a series of Field Sobriety Tests, which he allegedly failed (police will rarely, if ever, acknowledge that anyone ever passed these overly subjective and ridiculous tests).

After being placed under arrest for Driving Under the Influence and being placed into the trooper's vehicle, Limone allegedly kicked out the rear window of the cruise, leading to the additional criminal charge of Malicious Destruction of Property.

According to the Suffolk County District Attorney's Office, Limone's prior OUI convictions including 2 in 1983; 1984; 1987; 1996; 2001; and 2007.

Following his arraignment in Chelsea District Court on this latest Drunk Driving Charge, Joseph F. Limone was held without bail following a Dangerousness Hearing.

A 5th or Subsequent DUI / OUI Charge in Massachusetts carries a potential sentence of imprisonment of not less than 2.5 years and up to 5 years in state prison. Additional, the person faces a lifetime revocation of his driver's license; no hardship alternative for driver's license restoration; and the district attorney's office may even seek to have the person's car forfeited upon a conviction.

Continue reading "8th Massachusetts DUI Charge for Winthrop Man" »

Frank Ceccaroni was arrested earlier this week on several Massachusetts Drunk Driving Charges after he allegedly drove a stolen car at high speeds and crashed into a truck on I-93 in Stoneham. Ceccaroni was arraigned in Woburn District Court on several DUI / OUI Charges, including Operating Under the Influence of Alcohol, 6th Subsequent Offense, Receiving Stolen Motor Vehicle, and Reckless Driving.

According to the Middlesex County District Attorney's Office at his arraignment in Woburn District Court, Frank Ceccaroni allegedly rear-ended a stolen car into a truck on I-93. The estimated speed in which he was traveling, estimated at over 130 miles per hour, caused the Ceccaroni's car to get stuck under the truck at impact. The car, with Ceccaroni in it, was reportedly dragged some distance before the driver of the truck was able to pull over into the breakdown lane.

Massachusetts DUI / OUI 5th or Subsequent Offense carries not less than 2.5 and up to 5 years in state prison. A person convicted of this offense would also face a lifetime revocation of his driver's license, and the District Attorney's Office could also seek forfeiture of the vehicle.

Police and emergency personnel that responded to the crash reportedly had to use the jaws of life to extricate Ceccaroni from the vehicle, who was then transported to Massachusetts General Hospital for head injuries.

Following his arraigned in Woburn District Court, Frank Ceccaroni was held without bail pending a Dangerousness Hearing.

Continue reading "6th Massachusetts DUI Arrest for Holliston Man" »

Robert Hennessey, 54, of Hanson, was arraigned this morning in Brockton District Court on Massachusetts DUI Charges following his arrest in Whitman after a crash and allegedly leaving the scene. He was charged with Operating Under the Influence, 5th Subsequent Offense, Driving With a Suspended License for OUI, and Leaving the Scene of an Accident.

According to Whitman Police, Robert Hennessey allegedly rear-ended a car in Hanson and failed to stop to make his identity known. Following the crash, he allegedly continued driving into Whitman, but was reportedly following by the driver whose car he hit. Whitman police pulled Hennessey over, and reported that a strong odor of alcohol.

After being pulled over, Hennessey exercised his right and refused to submit to any Massachusetts Field Sobriety Tests. In Massachusetts, your refusal to submit to any Field Sobriety Tests and/or a Breathalyzer Test Refusal is not admissible at trial.

Pending resolution of these Massachusetts DUI Charges, Hennessey was released on $6,000 bail.

Continue reading "5th Massachusetts Drunk Driving Charge for Hanson Man" »

Michael Vallett, 58, of Attleboro, on his 6th Massachusetts Drunk Driving Charge after rear-ending another car in Mansfield last weekend. He was charged with Operating Under the Influence of Alcohol, 5th or Subsequent Offense.

Following his arraignment in Attleboro District Court this past week, he was temporarily held without bail pending a Dangerousness Hearing, as the prosecutor alleged that no conditions of bail would reasonably and adequately assure the safety of the public. After hearing arguments at the Dangerousness Hearing, however, a judge imposed $10,000.

The Massachusetts DUI Crime of Operating Under the Influence of Alcohol, 5th or Subsequent Offense, carries extremely severe penalties upon conviction. Not only is the person facing minimum-mandatory jail time of not less than 2.5 years, but he could also face up to 5 years in state prison. Additionally, Massachusetts OUI / DUI Laws for a 5th or Subsequent Drunk Driving conviction also provide for a lifetime loss of the person's driver's license; cancellation of the vehicle's registration plates, and the prosecutor may even seek forfeiture of the vehicle involved.

When facing such severe penalties, those charged with an OUI / DUI in Massachusetts should consult with an attorney who has experience in handling drunk driving cases. Even though a case may seem hopelessly lost, there may very well be numerous avenues to beat your case and defend against the charges.

Continue reading "Attleboro Man Arrested on 6th DUI Charge Following Mansfield Accident" »

Jorge Soares, 45, of Lynn, was arraigned yesterday in Salem Superior Court on various Massachusetts DUI Charges, including Operating a Motor Vehicle Under the Influence of Alcohol, 5th or Subsequent Offense.

Soares was arrested back in December after being pulled over by Massachusetts State Police Troopers for allegedly driving his pickup truck on the Lynnway in Lynn in an erratic manner. After being pulled over, Jorge Soares allegedly failed several Field Sobriety Tests, and then taken to a hospital, where his Blood Alcohol Content was allegedly 0.20%, almost three times the legal limit.

Following his arraignment in Salem Superior Court for Operating Under the Influence, 5th Offense, Jorge Soares was held without bail pending a Dangerousness Hearing later this month. At that hearing, the Essex County District Attorney's Office will argue that no conditions of bail or release can protect Soares from posing an immediate danger to the community or himself, and should be held without bail pending trial.

The Massachusetts OUI Crime of Operating Under the Influence of Alcohol, 5th or Subsequent Offense, carries extreme penalties, including commitment to state prison for not less than 2.5 years and up to 5 years; fines totaling almost $50,000; lifetime revocation of your Massachusetts Driver's License; cancellation of the vehicle's registration; and potential forfeiture of the vehicle.

The District Attorney's Offices across every county in Massachusetts seek to prosecute DUI / OUI Charges very aggressively, particularly subsequent drunk driving arrest, and those charged with any OUI crime should immediately Consult with a Boston DUI Lawyer.

Continue reading "Lynn Man Charged with 5th Subsequent Drunk Driving Charge Held Without Bail" »

Peter Fanning, 50, of Lowell, was arrested on Massachusetts Drunk Driving Charges after Beverly Police Officers found him slumped over the wheel of his pickup truck at a rest stop on Route 128. He was charged with Operating Under the Influence of Alcohol, 5th or Subsequent Offense.

Massachusetts State Police and Beverly Police Officers responded to the service plaza off 128 in Beverly this past weekend sometime after 10:00 p.m. after a passerby noticed the driver of a pickup truck passed out behind the wheel, which was allegedly still running.

When the Beverly Police Officers tried to wake up the driver, identified as Peter Fanning, he allegedly tried to get out of the truck and run. After speaking with police, he allegedly admitted to having a few beers, and Massachusetts Trooper reportedly found open and empty beer cars in the car.

Although Fanning refused the Breathalyzer Test, he reportedly submitted to a failed several Field Sobriety Tests.

Following his arraignment in Salem District Court, Fanning was held without bail pending a Dangerousness Hearing. At the Dangerousness Hearing, the issue before the hearing judge will be whether Fanning poses a serious danger to himself and/or the community if released. From several recent DUI cases where the defendant had been charged with subsequent drunk driving charges that have been brought in Essex County, judges on the North Shore have recently had a tendency to hold subsequent DUI offenders without bail.

Massachusetts DUI / OUI 5th or Subsequent Charges carry a minimum-mandatory sentence of not less than 2.5 years and up to 5 years in state prison, along with a Lifetime Revocation of the person's Driver's License.

Given the extremely severe penalties, persons charged with any Massachusetts Drunk Driving Crimes should immediately Contact a Massachusetts DUI / OUI Lawyer.

Continue reading "Beverly Police Arrest Lowell Man with 6th Drunk Driving Charge" »

Donald Porter, 51, of Peabody, was arraigned yesterday morning in Salem District Court for his 6th Massachusetts Drunk Driving Charge. Following his arraignment on Operation of a Motor Vehicle Under the Influence of Alcohol, 5th or Subsequent Offense, Porter was held without bail pending a Dangerousness Hearing.

According to Peabody Police and the Essex County District Attorney's Office, Donald Porter was allegedly driving his truck Tuesday evening and crashed into a snowbank at an intersection. The truck was then stuck on the median or island. When officers responded to the crash site and asked Porter what happened, he allegedly told them that he "took the corner too wide and went off the road."

Just as in every single OUI case and as they are trained to do, officers reported that Porter's speech was "slurred and thick" and that he smelled of alcohol.

Although he first denied having had anything to drink, prosecutors allege that Porter then admitted to having whiskey with dinner a half-hour prior to the crash. According to the Peabody Police Department, Porter alleged failed two out of three Field Sobriety Tests.

The penalty for DUI / OUI Fifth or Subsequent Offense in Massachusetts is severe. A drunk driving charge with so many prior convictions could result in a minimum-mandatory state prison sentence of not less than 2.5 years and up to 5 years. Additionally, the person faces a lifetime revocation of his driver's license, without the possibility of ever obtaining a hardship license.

Continue reading "Peabody Man Arrested on 6th Massachusetts DUI Charge" »