Articles Posted in 4th Offense DUI / Operating Under the Influence

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A Raynham man was arrested this past week ans changed with several Massachusetts Drunk Driving Charges after allegedly crashing into another car from behind.

Darryl Torres, 49, of Raynham, was arraigned in Taunton District Court and charged with Operating Under the Influence of Alcohol, 4th Subsequent Offense and Negligent Operation of a Motor Vehicle.

According to the Taunton Police Department, Torres allegedly collided into the car last Friday. The other car was reportedly stopped at an intersection. Following the crash, Torres allegedly left the scene of the accident but later returned, where police allege his vehicle had front end damage and Torres exhibited signs of intoxication, including slurred speech.

Torres reportedly faild Field Sobriety Tests and also allegedly failed an Alcohol Breath Test.

OUI / DUI 4th Subsequent Offense carries significant penalties in Massachusetts, including imprisonment for not less than 2 years and up to 5 years in state prison. Additionally, a conviction for a 4th drunk driving offense would result in the persons driver’s license being suspended for 10 years; and the prosecutor could seek that the persons vehicle be forfeited.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including OUI / DUI 4th Offense and Negligent Operation of a Motor Vehicle.

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

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A Falmouth man was arrested over the weekend and charged with his 4th Massachusetts Drunk Driving Offense. He was charged with Operating Under the Influence of Alcohol, 4th Subsequent Offense and Negligent Operation of a Motor Vehicle.

According to the Falmouth Police Department, the man was pulled over by police after the man’s car was veering over the center line and allegedly almost hit a police cruiser. After being pulled over, the man denied having drank any alcohol, but the police officer allegedly observed slurred speech, glassy eyes, and an odor of alcohol coming from the man’s breath.

The Falmouth Police officer reportedly gave the man two Field Sobriety Tests. One of the tests was the Walk and Turn Test, which is only 68% accurate according to the National Highway Traffic Safety Administration. He was also asked to count backwards from 100, which is technically not even a recognized Field Sobriety Test.

The man exercised his Constitutional right and refused to submit to a Breathalyzer Test. Under Massachusetts DUI Laws, if you have 3 or more prior OUI charges and refuse a breathalyzer, you could face a lifetime suspension of your driver’s license.

The Walk and Turn Field Sobriety Test asks the person to take 9 steps, heel to toe, turn, and then take 9 steps back. In the 9 Step Walk and Turn Test, police officers are looking for a number of different behaviors that they would argue would be observed in someone with a blood alcohol content over 0.10%. Those behaviors that the police are looking for include:

  • Unable to keep balance;
  • Whether the person starts before the instructions are completed;
  • The person stops while walking;
  • Fails to touch heel to toe;
  • Steps off the line;
  • Uses his arms to keep his balance;
  • Does not turn properly; or
  • Takes the incorrect number of steps.

In ideal conditions, the Walk and Turn Field Sobriety Test should be performed in a straight line, on a reasonably dry, hard, and level, non-slippery surface. In reality, however, it’s rarely possible for this test to be performed in ideal conditions. Often times, when someone is pulled over for suspected DUI / OUI and asked to perform field sobriety tests, it is done at the side of the road where there may may not be a straight line to walk on; there may be a great deal of debris; the lighting conditions may not be good; and if on a highway, the danger of getting struck by passing cars traveling at high speeds.

So, take it with a grain of salt when you hear that someone failed a Field Sobriety Test, because in reality, they’re not all that accurate and most police officers, if they were to take the test sober, would also fail it.

Boston OUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including OUI 4th Offense.

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

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Frederick C. Carlson, Jr., 47, of North Grafton, was arrested today and charged with his second Massachusetts Drunk Driving offense this week.

Carlson was arrested on Wednesday and charged with Operating Under the Influence of Alcohol, 4th Subsequent Offense. He was scheduled to be arraigned this morning in Westboro District Court on that charge when he was again arrested for his 5th OUI Offense and Reckless Driving when police allegedly stopped him speeding to a liquor store.

Following his arraignment today on both Massachusetts OUI / DUI Charges, Frederick Carlson was held on $20,000 bail.

OUI / DUI 4th Offense in Massachusetts is punishable imprisonment for not less than 2 years and up to 5 years in state prison. In additional to possible incarceration, a person convicted of a 4th drunk driving offense also faces fines of up to $25,000; a loss of their driver’s license for up to 10 years, and possible forfeiture of their vehicle.

Because of the extreme penalties involved when facing any Drunk Driving Charges, it is critical that you Consult with a Massachusetts DUI / OUI Lawyer.

Boston OUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including 4th Offense DUI.

Click Here to Contact a Massachusetts Drunk Driving Lawyer or call 617-325-9500 to schedule a Free Consultation.

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

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Patrick Coelho, 37, was arraigned this past Tuesday on Massachusetts Drunk Driving Charges after a crash with a motorcycle resulted in the death of the driver. Coelho was charged with Motor Vehicle Homicide; Operation of a Motor Vehicle Under the Influence of Alcohol, 4th Subsequent Offense; Leaving the Scene of an Accident After Causing Death; and Negligent Operation of a Motor Vehicle.

According to the Bristol County District Attorney’s Office, Patrick Coelho was allegedly drove threw two red lights and was following several cars too closely when he then struck a motorcycle driven by Michael A. Powers. Dartmouth Police officers reported that witnesses allegedly observed Coelho was trying to make a pass when he collided with the motorcycle. After allegedly striking the motorcycle, Coelho allegedly failed to stop, and witnesses claimed that the driver of the motor cycle was atop of the car while the vehicle dragged the motorcycle beneath it.

Patrick Coelho was on foot when he was apprehended by Dartmouth Police, and reportedly denied that he was driving any vehicle that night. Prosecutors allege, however, that Coelho had a set of Mercedes car keys on him and was holding two Vodka ‘nips’. He also allegedly failed Field Sobriety Tests and had a reading of 0.19% after submitting to a Breathalyzer Test.

Following his arraignment on Massachusetts OUI / DUI Charges, Patrick Coelho was held without bail pending a Dangerousness Hearing.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including OUI 4th Offense and Vehicular Homicide.

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

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

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rivera.jpgJose A. Rivera, of Springfield, was arrested this past Monday on Massachusetts Drunk Driving Charges after he allegedly hit a pedestrian. He was arraigned in Springfield District Court on Operating Under the Influence of Alcohol, 4th Subsequent Offense.

According to the Springfield Police Department, Jose A. Rivera was arrested after police received a report of a pedestrian having been hit by a car. When police arrive, Rivera allegedly displayed “may signs of intoxication”, including alcohol on his breath, difficulty standing, bloodshot eyes, and slurred speech.

Springfield Police Officers who responded to the accident allege that Rivera allegedly admitted to having been drinking and that he had had several ‘vodka drinks’. He claimed, however, that the pedestrian came out of nowhere and just walked in front of his car.

It’s unclear if Jose A. Rivera was asked to perform any Field Sobriety Tests, but according to the Springfield Police Department, he was ‘too drunk’ to submit to an Breathalyzer Test.

4th Offense Massachusetts OUI / DUI:

The Massachusetts Drunk Driving Charge of Operating Under the Influence of Alcohol, 4th Subsequent Offense, carries severe potential penalties, including:

  • 2 to 5 years committed to state prison
  • 10 years loss of Massachusetts Driver’s License
  • Fines of up to $25,000
  • Cancellation of the vehicle’s registration for the duration of the license suspension
  • Forfeiture of the vehicle

Simply because the police allege that the driver of a car exhibited ‘signs of intoxication’ is not fatal to your defense. There may be a variety of explanations that might account for unsteadiness on your feet, bloodshot eyes, an accident, or even the assertion that you smelled of alcohol.

In most Massachusetts DUI / OUI Charges, the person charged may have no choice but to contest the criminal charges at trial given the extreme penalties involved. Even for 1st Offense DUI / OUI Charges, the Registry of Motor Vehicles even considers a ‘Continuance Without a Finding’ that results in a Dismissal of your case the same as a Guilty finding or a conviction.

For these and many other reasons, if you are charged with Operating Under the Influence in Massachusetts, you should explore all your legal rights and defenses and immediately Contact a Massachusetts DUI / OUI Lawyer.

Massachusetts DUI / OUI Lawyer Lefteris K. Travayiakis represents persons charged with all violations of Massachusetts Drunk Driving Laws, and is available 24/7 for consultation on all First Offense DUI / OUI, Subsequent Offense DUI / OUI, Negligent Operation of a Motor Vehicle, and Motor Vehicle Homicide.

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

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Karen E. Bleakney, 48, was arrested by Westborough Police Officers last month and charged with Massachusetts OUI Crimes after allegedly crashing her car into a tree in the front yard of a home in Westborough.

Bleakney was arraigned in Westborough District Court and charged with Driving Under the Influence, 4th Subsequent Offense, Operating Under the Influence While License Suspended for Previous Drunk Driving Offense, Negligent Driving, and Leaving the Scene of an Accident After Causing Property Damage.

Following her arraignment, Bleakney was held without bail pending a Dangerousness Hearing.

According to the Westborough Police Department, officers arrived at the address of 132 Milk Street to discover that a car had entered the front yard, struck a tree, and then left the yard. Officers reportedly located Bleakney’s car a few streets away, which had significant damage and was missing a front tire. Bleakney was allegedly standing next to the car and identified by a witness as the driver…

It’s unclear whether Bleakney submitted to any Field Sobriety Tests, a Breathalyzer Test, or what other evidence Westborough Police discovered to believe that she was allegedly under the influence of alcohol.

In Massachusetts, a 4th Subsequent Drunk Driving Charge carries the potential for significant jail time, up to 5 years – 2 years of which is minimum-mandatory. Additionally, a conviction for a DUI 4th Offense can lead to a Driver’s License Suspension for 10 years; cancellation of the vehicle’s registration plates; and the District Attorney can seek forfeiture of the vehicle.

If charged with any Massachusetts DUI Crime, particularly a subsequent OUI offense, you should immediately Consult with a Boston Drunk Driving Lawyer.

Attorney Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Crimes.

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

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DUI arrest.jpegJesse Dalrymple, 44, of Revere, was arrested on Saturday night on Massachusetts OUI Charge after he was allegedly speeding in Revere. Dalrymple was formally arraigned yesterday with his 4th Driving Under the Influence Charge in Chelsea District Court and released on $200 cash bail.

According to the Massachusetts State Police, Jesse Dalrymple was allegedly speeding in Revere and drifting across lanes while on Ocean Avenue. The state trooper who pulled his car over alleges that he was traveling double the speed limit.

Just as all police officers are trained to do and what seems like ‘cut and paste’ from their training manuals, the State Trooper also alleged that Dalrymple ‘stumbled out of the truck’ and ‘staggered towards him'; and that he also had ‘glassy, bloodshot eyes’, ‘slurred speech’ and had a ‘strong odor of alcohol’ about him.

Jesse Dalrymple did submit to a Breathalyzer Test, which purportedly produced a reading of 0.18%, more than double the legal-limit. In Massachusetts, you are legally presumed to be impaired if you blow a reading of 0.08% or above.

The Massachusetts State Police Trooper also alleged that Dalrymple failed all the Field Sobriety Tests that he was asked to perform. …I’m assuming that every person ‘fails’ the Field Sobriety Tests because I can’t recall ever seeing a police report where the officer admits that the person passed any of the tests…

Dalrymple had previously been charged with Operating Under the Influence in Ayer, Somerville and Charlestown. Now charged with his 4th Massachusetts DUI, Dalrymple is facing imprisonment of not less than 2 years and up to 5 years, as well as a loss of his Driver’s License for 10 years.

For these and many other others, including the severe consequences involved with Massachusetts DUI / OUI Charges, if you are arrested on drunk driving charges, you should immediately Contact a Boston DUI / OUI Lawyer.

Boston Criminal Defense Attorney Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Driving Under the Influence Crimes, including OUI / DUI, Motor Vehicle Homicide, Negligent Operation of a Motor Vehicle, and Leaving the Scene of an Accident.

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

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Charles J. Mitchell, 59, of Rockland, was arrested last Saturday on Massachusetts DUI Charges after police observed him driving through a stop sign. He has been charged Operating Under the Influence of Alcohol, 4th Offense and Reckless Driving.

According to the Hingham Police Department, an off-duty police officer allegedly observed Charles J. Mitchell run through two stop signs in Hingham, one on Central Street and the other on South Street. The officer pulled over Mitchell’s car and reportedly smelled a strong odor of alcohol coming from inside.

Mitchell was asked to exit the car and submit to several Field Sobriety Tests, which, according to Hingham Police, he allegedly failed.

A conviction for a 4th Offense DUI / OUI in Massachusetts carries severe penalties, including imprisonment for not less than 2 years and up to 5 years; fines of up to $25,000; and a loss of one’s Driver’s License for 10 years.

Given the gravity of the consequences of a possible subsequent offense drunk driving conviction, persons charged with any Massachusetts Drunk Driving & Related Charges should immediately Contact a Boston DUI Lawyer.

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

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

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Mary Messier, 34, of South Dennis, was arrested in the early morning hours Wednesday on Massachusetts DUI Charges for the fourth time. She was arraigned in Orleans District Court and held on $500 bail for Operating Under the Influence of Alcohol, 4th Offense.

According to the Dennis Police Department, Messier was speeding when she allegedly almost collided with a police cruiser who happened to be on patrol. The police officer reportedly pulled off road in order to avoid a collision, and then followed Messier, who allegedly continued to speed and then struck a curb before coming to a stop in a parking lot.

The Dennis Police officer who pulled Messier over for suspicion of OUI reported that she displayed “obvious signs of intoxication” and also asked her to perform Field Sobriety Tests (although it was not reported whether Messier ‘failed’ or ‘passed’ those tests).

Massachusetts Drunk Driving Laws provide for enhanced penalties for persons convicted of subsequent DUI offenses. For a 4th Offense OUI / DUI Charge in Massachusetts, the law provides for a minimum-mandatory sentence of not less than 2 years, and up to 5 years in state prison.

Additionally, a person convicted of a 4th drunk driving charge also faces several thousands of dollars in fines, as well as a loss of his/her driver’s license for 10 years.

Because of the severe penalties, those charged with a DUI / OUI should immediately consult with a competent Massachusetts DUI / OUI Lawyer.

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

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