Boston DUI Lawyers Blog

A Worcester man was recently arrested on several Massachusetts Drunk Driving Charges following his involvement in a three-car crash.

The man, who was driving his minivan with his two daughters (6 and 8 years old) on the Massachusetts Turnpike in Sturbridge, allegedly turned onto an exit ramp and was hit but a tractor-trailer. The impact cause the man's car to then crash into another vehicle.

Although there were no injuries, the driver was charged with Operating Under the Influence of Alcohol and Child Endangerment While OUI / DUI.

According to police, the Worcester man submitted to an alcohol breath test which indicated he was at approximately 0.16%. The legal "limit" in Massachusetts is 0.08%.

The Massachusetts Drunk Driving Crime of Child Endangerment While OUI / DUI criminalizes the operation of a motor vehicle while under the influence of drugs or alcohol with a child 14 years of age or younger in the car. The potential penalty for a first offense violation is 90 days to 2.5 years in the House of Corrections, with a driver's license suspension of 1 year.

In cases such as this, the public perception is that where a drunk driving defendant blew a breath test reading over 0.08% that there is absolutely no defense to his case. This is far from the truth.

In reality, a breath test reading over the legal presumptive limit is not a death sentence, as the prosecutor still has to prove that the operator's ability to operate the vehicle safely was impaired by his consumption of alcohol. Even where an accident occurred, although such could be considered by a jury as to the level of impairment, can also be explained.

Accidents do happen, even when people are not drunk or haven't consumed any alcohol. But people tend to immediately focus on the most egregious facts and sometimes disregard other equally important factors.

For instance, the operator was traveling on the Mass. Pike, and presumably, if going with typical traffic, at speeds of at least 50-60 mph. Assuming evidence would show that he traveled several miles, all the while keeping within his marked lanes, this could demonstrate that he was actually not impaired by the alcohol.

For these and many other reasons, it is extremely critical that those charged with Massachusetts Drunk Driving Law Violations consult with a criminal defense lawyer who has experience in defending OUI / DUI charges.

Continue reading "Worcester Man Charged with Drunk Driving and Child Endangerment" »

Boston Police Officer Richard Jeanetti, 36, has been indicted by a Suffolk County Grand Jury on Massachusetts Drunk Driving Charges from the May 24 Hyde Park crash that resulted in serious injury to a woman.

The Boston officer has been charged with Operating Under the Influence of Alcohol (OUI / DUI) Causing Serious Bodily Injury to Brianna O'Neill of Foxboro, Massachusetts.

The Suffolk County District Attorney's Office alleges that Boston police officer was speeding up to 68 mph in a 30 mph zone in Hyde Park. He allegedly went through a stop sign and struck the car operated by Brianna O'Neill. The accident then caused her car to strike another vehicle. The operator and passenger of that car were not injured.

Following the accident Brianna O'Neill was transported to Boston Medical Center and reportedly suffered a broken leg and fractured vertebrae.

The Massachusetts Drunk Driving Crime of OUI / DUI Causing Serious Bodily Injury is punishable by imprisonment for not less than 2.5 years and up to 10 years in state prison; or not less than 6 months and up to 2.5 years in the house of corrections.

This case received a tremendous amount of media attention at the time as there was an outcry that the Boston Police Department was allegedly 'protecting' Officer Jeanetti, as she was not immediately arrested at the scene.

According to prosecutors, the Boston Police officer's medical records were obtained and her blood alcohol content (BAC) was allegedly 0.27% at the time of the accident. The presumptive limit in Massachusetts is 0.08%, which would put her BAC at over three times the legal limit.

Continue reading "Boston Police Officer Indicted for OUI / DUI Causing Serious Injury" »

A bus driver for the Perkins School for the blind in Watertown was arrested on Massachusetts Drunk Driving Charges this past week after he allegedly drove under the influence while transporting a 15 year old student to his home in Clinton.

The bus driver, Michael Tantillo, was charged with Operating Under the Influence of Alcohol, Reckless Endangerment of a Child While OUI / DUI, and Kidnapping.

According to the Clinton Police, the student's parents called police after their son didn't return home when expected. Clinton police allegedly tried calling the defendant several times but they were reportedly unable to reach him. Tracking his location from his cell phone, police reportedly waited at the student's home and arrested him when he arrived.

The defendant was arraigned in Clinton District Court on Thursday morning and held on $50,000 bail.

The crime of Child Endangerment While Operating Under the Influence of Alcohol makes it a criminal offense to operate a vehicle while under the influence with a child 14 years of age or younger. A person convicted of a first offense faces 90 days to 2.5 years in the House of Corrections, as well as a loss of license for 1 year. A second conviction could result in a state prison sentence of 3-5 years.

Although the police have charged this defendant with Kidnapping, but I would be very surprised if this charged is ultimately held up in court.

In order to prove the crime of Kidnapping, the prosecutor must prove that, the defendant, without lawful authority, forcibly confined another against his will. According to reports, the defendant did take the child home, though it is unclear how much of a delay it was and what, specifically, the circumstances were. I would imagine that the police would need to allege something more to uphold the charge of Kidnapping than simply stating that he delayed in transporting the child home.

Kidnapping in Massachusetts is punishable with imprisonment for not less than 20 years up to life if the person kidnapped is under 18.

Continue reading "School Bus Driver Charged with Drunk Driving and Kidnapping" »

A Wilmington man was charged with Massachusetts Drunk Driving Charges last week as well as Gun Charges, for allegedly carrying a firearm while driving intoxicated when he was pulled over in Tewksbury.

The Tewksbury man was charged with Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle and Carrying a Loaded Firearm While Under the Influence of Liquor.

According to the Tewksbury Police Department, the man was pulled over for allegedly speeding. During the stop, officers removed him from the car and began interrogating him, including asking him whether or not he had any weapons on him. The man allegedly admitted to being in possession of a firearm, but also produced a valid Massachusetts License to Carry.

The crime of Carrying a Loaded Firearm While Under the Influence of Liquor is punishable by imprisonment in the House of Corrections for up to 2.5 years and/or a fine of up to $5,000. A person may be prosecuted for this crime regardless of whether he/she is licensed to carry a firearm or not.

Continue reading "Wilmington Man Charged with OUI / DUI While Carrying Gun" »

A Massachusetts man has been charged with Massachusetts Drunk Driving Charges in connection with an accident that killed his father, the passenger in the car.

The man was charged with Operating Under the Influence of Alcohol, Vehicular Homicide While Driving Under the Influence of Alcohol, and Negligent Operation of a Motor Vehicle.

According to the Massachusetts State Police, the man from Rutland was allegedly speeding on Route 56 when he lost control of his truck and drifted off the road, striking a tree. The man's father and passenger, was found to be pinned in his seat and ultimately suffered from his injuries.

The defendant was arraigned in Western County District Court in East Brookfield and released on personal recognizance.

The Massachusetts DUI / OUI Crime of Vehicular Homicide punishes those who, due to their intoxication and operate their vehicle so negligently that the lives and safety of the public is endangered, and the death of another person is caused. Vehicular Homicide by OUI / DUI is punishable by imprisonment for 2.5 to 15 years.

Continue reading "Massachusetts Man Charged with OUI and Vehicular Homicide in Father's Death" »

A Massachusetts man was arrested this week on Drunk Driving Charges for allegedly traveling down the wrong way on the Massachusetts Turnpike. He was charged with Operating Under the Influence of Alcohol, 3rd Subsequent Offense.

In Massachusetts, a OUI / DUI 3rd Offense carries severe penalties upon conviction, including imprisonment for not less than 180 days and up to 5 years in state prison; driver's license suspension for 8 years; and cancellation of the vehicle's registration for the duration of the license suspension.

Drunk driving offenses are prosecuted very aggressively in Massachusetts, and the penalties can often be very significant. Subsequent offenses, particularly 3rd offenses and greater, are prosecuted extremely aggressively, and in many cases the government seeks to petition for a Dangerousness Hearing and asks a judge to detain the person without bail pending the resolution of the case.

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

To schedule a Free Consultation, Click Here to Contact a Massachusetts DUI / OUI Lawyer or call 617-325-9500.

A Stoughton woman was arrested this past weekend and charged with several Massachusetts Drunk Driving Law Violations after getting into an accident with a 4 year old child in the car.

The woman from Stoughton was arraigned in Stoughton District Court this past Friday and charged with Operating Under the Influence of Alcohol, Second Offense; Negligent Operation of a Motor Vehicle; and Child Endangerment While OUI / DUI of Alcohol or Drugs.

The Massachusetts DUI / OUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs punishes those drivers who operate under the influence with a child 14 years of age or younger in the car. The statute punishes first offenders with commitment of not less than 90 days and up to 2.5 years in the House of Corrections, along with a driver's license suspension of 1 year. Second offenders of Child Endangerment While OUI / DUI can be imprisoned to state prison for 3 to 5 years and may also lose their driver's license for 3 years.

A DUI / OUI 2nd Offense in Massachusetts is punishable by imprisonment for not less than 60 days and up to 2.5 years in the House of Corrections. Second time DUI / OUI offenders will also face a loss of their driver's license for 2 years and must install an interlock device on their vehicle when their driver's license is reinstated.

Massachusetts Drunk Driving Laws also offer an "Alternative Disposition" for a 2nd Offense OUI / DUI which mandates that they be placed on probation and complete an in-patient alcohol treatment program. Even with an alternative disposition, offenders will still lose their driver's license for 2 years and must still intall an interlock device on their car when their license is reinstated.

Continue reading "Massachusetts Woman Arrested for Drunk Driving with 4 Year Old in Car" »

An East Boston man was indicted by the Essex County District Attorney's Office on several Massachusetts Drunk Driving Charges in connection with a crash that occurred on the Lynnway in Lynn that resulted in the other driver succumbing to injuries.

The East Boston man was charged with Motor Vehicle Homicide by OUI / DUI, Operating Under the Influence of Alcohol and Aggravated Negligent Operation of a Motor Vehicle.

The defendant in this case is alleged to have been driving while under the influence of alcohol on the Lynnway in Lynn last October when he struck another car that had just pulled out of the parking lot of the Porthole Restaurant (located on the Lynnway). The crash reportedly caused the victim's van to explode and was fully engulfed in fire by the time the fire department arrived. An accident reconstruction team is alleging that the defendant's vehicle was traveling at approximately 80 miles per hour.

According to the Lynn Police, the East Boston had left a party in Everett and was on his way to the beach at the time of the accident. Also in the car were 3 underage passengers, one of whom reportedly told the police that they had all been drinking in the car. An empty bottle of vodka was allegedly seized from within the car.

The East Boston man was taken to Salem Hospital to be treated for injuries. Medical tests and blood work that was performed allegedly revealed his blood alcohol content at 0.14% (the legal limit is 0.08%).

One of the quirks in cases like this involving blood alcohol content is where the person was involved in an accident and taken to the hospital for treatment. Generally, a person has a right to refuse to a Breathalyzer Test that might reveal his blood alcohol content, and the person's refusal of such test is inadmissible against him at trial.

Where the person was taken to the hospital, however, evidence of a blood alcohol test may be admissible so long as the purpose for their being taken was for medical diagnosis and treatment. Conversely, in a situation where the person refused to go to the hospital for treatment but was forced to by the police for apparent 'investigatory' purposes, evidence of his blood alcohol levels might be excluded.

Additionally, Massachusetts court have ruled that admission of such blood test results that were done as a result of routine evaluation and treatment may be admissible at trial without a right to cross-examine the laboratory technician who conducted the test. The reason for this rule is because, in Massachusetts, medical reports created for treatment purposes are not considered 'testimonial'. If the evidence is not 'testimonial', then there is no right of confrontation.

There may, however, be other reasons for challenging the admission of these and other tests, including their authenticity and certification by the hospital record keeper. That is why is it extremely critical, particularly in serious cases such as Massachusetts OUI / DUI Charges where the person may be subject to length sentences, to have an experience attorney capable of providing you with the best defense possible.

Continue reading "East Boston Man Indicted for Drunk Driving and Vehicular Homicide" »

A Wareham man was arrested by Wareham Police Officers this past week on Massachusetts Drunk Driving Charges. He was charged with Operating Under the Influence of Alcohol, 5th Subsequent Offense; and OUI / DUI After License Suspended for Previous OUI / DUI.

According to the Wareham Police Department, an anonymous caller reported that the man was driving and that he was under the influence of alcohol. Officers reportedly located the driver and pulled him over. The driver reportedly failed a series of Field Sobriety Tests and was arrested. The driver reportedly had his last drunk driving conviction in 2004, and the Massachusetts Registry of Motor Vehicles had his license suspended for being a habitual traffic offender.

The Massachusetts Drunk Driving Crime of Operating Under the Influence of Alcohol After License Suspended for DUI / OUI is exactly that - where the person is alleged to have committed another OUI / DUI while his license was already suspended for a previous drunk driving offense.

A conviction for the Operating Under the Influence of Alcohol or Drugs After License Suspended for DUI / OUI is a minimum-mandatory commitment to the House of Corrections for not less than 1 year and up to 2.5 years, as well as a loss of the person's driver's license for 1 year. By statute, however, this sentence must run 'consecutively', or 'from and after' any penalty for the underlying OUI / DUI conviction.

Continue reading "Anonymous Tip Lands Wareham Man in Jail for 5th OUI / DUI" »

A Fall River woman was arrested this past weekend on Massachusetts Drunk Driving Charges after she allegedly struck a state police car. She was charged with Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and Leaving the Scene of an Accident.

According to the Massachusetts State Police, the Fall River woman struck the Massachusetts State Police cruise on Route 195 West while troopers were doing a detail as highway work was being performed. After the crash, the woman allegedly kept on driving and was stopped down the road by another Massachusetts trooper.

Negligent Operation of a Motor Vehicle is punishable by imprisonment to the House of Corrections for not less than 2 week and up to 2 years. In order to be convicted of this crime, the prosecutor must prove, beyond a reasonable doubt: (1) operation, (2) on a public way; and (3) in a negligent manner so that the lives or safety of the public might have been endangered.

Leaving the Scene of an Accident is also punishable with imprisonment for not less than 2 weeks and up to 2 years in the House of Corrections. The purpose of this criminal charge is to enable anyone whose property or person has been injured by another motorist to obtain immediate and accurate information about the other person involved in the accident. The extent of the damage or injury, therefore, is not relevant except only to the extent that it is circumstantial evidence as to whether or not the defendant knew that there had been a collision.

Continue reading "Massachusetts Woman Arrested for Drunk Driving After Hitting Police Cruiser" »

A few months ago I wrote about a decision the Massachusetts Supreme Judicial Court issued which rejected the Registry of Motor Vehicle's definition of "conviction" with respect to Massachusetts Drunk Driving Laws, as it applied to OUI / DUI convictions and Breathalyzer Test Refusals. Following that decision by the court, the Massachusetts Legislature has now closed that 'loophole'.

By way of background, in May 2012, the Supreme Judicial Court ruled that, under the law at the time, a "conviction" meant only dispositions of criminal charged where an actual determination of guilt was imposed.

The issue arose following the suspension of a person's driver's license for 3 years by the Registry of Motor Vehicles because he had previously been convicted of Operating Under the Influence of Alcohol. The driver appealed the 3 year suspension, claiming that his license should only have been suspended for 180 days because in his previous case was Continued Without a Finding - he argued that this was not the equivalent of a 'conviction' or guilty finding. He pointed out that, in obtaining a Continuance Without a Finding, he only admitted to 'sufficient facts for a finding of guilty', which is not the same as pleading guilty. The Massachusetts Supreme Court agreed, and stated that "If the legislature, in enacting Melanie's Law, had wanted to include an admission to sufficient facts in the definition of 'convicted', it could have done so explicitly."

Following the court's ruling, the Massachusetts legislature closed this 'loophole' and amended the statute, which now does consider Continuances Without a Finding and Breathalyzer Test refusals as 'convictions' for purposes of the Massachusetts Drunk Driving Laws.

Continue reading "Massachusetts Legislature Closes Melanie's Law "Loophole"" »

The Massachusetts State Police have reportedly increased their Massachusetts Drunk Driving patrols this past weekend, specifically in the area of southeastern Massachusetts Route 24 and Interstate 195.

11 additional Massachusetts State Police patrols will reportedly be used on those roads through the end of September, targeting the weekend hours between Friday and Sunday. To date, at least 10 people have been charged with OUI / DUI, with over 200 others being cited for other motor vehicle violations.

Just this past weekend, a Brockton man was arrested on Massachusetts Drunk Driving Charges when he was allegedly involved in a crash on Route 24 in Freetown. He was charged with DUI / OUI and Negligent Operation of a Motor Vehicle.

District Attorneys' offices across the state aggressively prosecute even first time OUI / DUI offenders, particularly since the implementation of Melanie's Law several years ago. The law currently punishes a first-time drunk driving offender with a maximum penalty of 2.5 years in the House of Corrections, fines totaling up to $5,000, and a loss of the person's driver's license for 1 year.

Massachusetts 1st Offense OUI / DUI Laws also provide for what is called an "Alternative Disposition", meaning the person, before trial, may change his plea and admit to 'sufficient facts' and obtain a Continuance Without a Finding. In this alternative disposition, the person would be placed on probation; ordered to enter and a complete a Drug-Alcohol Education Program; pay fines/fees in the area of $1,000, and lose his/her driver's license for a period of no more than 90 days. Upon successful completion of this probation, the case, which was "Continued Without a Finding", would be dismissed.

Any potential loss of license involved in a DUI / OUI conviction or in an alternative disposition such as a Continuance Without a Finding is above and beyond whatever loss of license the person may face if there is a Breathalyzer Test Failure or Refusal. For instance, a first time breathalyzer refusal would subject the person to a mandatory loss of license for 180 days; and a person who had 3 or more DUI offenses and refused to submit to a breathalyzer could lose his license for life.

The length of time for license suspensions involving breathalyzer refusals could also vary for drivers under 18, as well as for driver's between the ages of 18 and 21.

Continue reading "Massachusetts State Police Increase Drunk Driving Patrols" »

A Boston Police Officer has been charged with Massachusetts Drunk Driving Charges after he allegedly crashed into a young woman's car. The Boston Police Officer was arraigned in late July in the West Roxbury Division of the Boston Municipal Court on charges including Operating Under the Influence of Alcohol.

According to the Suffolk County District Attorney's Office, the Boston Police Officer was allegedly driving in Hyde Park at 68 miles per hour when he went through a stop sign and crashed into another vehicle, occupied by a young woman and her friend. Both were reportedly injured in the crash.

The Boston Police Department received a lot of heat for this case because it was reported that, when other Boston Police Officers responded to the scene of the crash, the matter wasn't investigated as it would have been had the driver not been a policeman. For example, there were allegations against the police department that the officer was not asked to perform any field sobriety tests; nor was he asked to submit to a Breathalyzer Test on scene.

Because the Boston Police Officer suffered some injuries, he was later transported to the hospital, where his blood alcohol content was found to be 0.27%, in excess of three times the legal limit of 0.08%.

Despite this, the media reports in the days following made note of these facts, and many in the community were questioning why the Boston Police were not seeking to charge this officer with any OUI / DUI crimes. Many, including the media, complained that the Boston Police were protecting their own.

Notably, the incident occurred on May 24, and the Boston Police Officer was not brought before the court on these charges until July 20, 2012.

Continue reading "Boston Police Officer Arraigned on Massachusetts Drunk Driving Charges" »

A Salem woman was arrested over this past weekend on Massachusetts Drunk Driving Charges after she allegedly crashed into a parked two truck in Salem, killing a passenger in her car.

The woman, 25 years old, was charged with Motor Vehicle Homicide by OUI / DUI, Negligent Operation of a Motor Vehicle and OUI / DUI.

According to the Salem Police Department, the female driver was traveling on Boston Street in Salem when the car veered into a flatbed truck. The impact resulted in the front seat passenger reportedly being killed instantly. The driver, meanwhile, sustained only minor injuries.

The woman, who was held on $50,000 cash bail, s scheduled to be arraigned this morning in Salem District Court.

The Massachusetts DUI / OUI Crime of Vehicular Homicide is punishable with commitment for 2.5 to 15 years in state prison; or for 1 to 2.5 years to the House of Corrections. Additionally, severe license applications will also be triggered with a conviction for this offense, including a driver's license suspension for 15 years.

Continue reading "Salem Woman Charged with OUI / DUI in Deadly Crash" »

A Norfolk woman was arrested over the weekend on Massachusetts Drunk Driving Law Violations following a multi-car crash in Attleboro. The woman was arraigned on charges of Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to the district attorney's office, the Norfolk woman was involved in a 5 car crash that occurred on I-95 in Attleboro. According to police, she submitted to a Breathalyzer Test and reported blew a 0.18%.

The woman reportedly has a history of prior drunk driving charges, including an incident in 2006 when she was charged with Leaving the Scene of an Accident Resulting in Personal Injury and Death. In 2009, she was also charged with OUI / DUI and Negligent Operation of a Motor Vehicle after she was allegedly to have hit a snowbank and was found to be passed out in her vehicle.

Massachusetts' strict OUI / DUI Laws are prosecuted very aggressively, particularly where the person has prior alcohol-related charges.

Continue reading "Massachusetts Woman Charged With DUI / OUI in Multi-Car Attleboro Crash" »