Articles Posted in Child Endangerment While Operating Under the Influence

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A Milford, Massachusetts woman was arrested for Massachusetts Drunk Driving Charges when her minivan crashed into a quarry in Milford with her three children in the vehicle.

All three children were able to escape from the vehicle, which was partially submerged in the quarry. One of the children was transported to a local hospital with serious injuries. One of the two other children sustained minor injuries while the third was not hurt.

The woman was charged with Operating Under the Influence of Alcohol; Failure to Stop; and Child Endangerment while OUI / DUI.

The Massachusetts drunk driving crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs makes it unlawful to operate a motor vehicle while under the influence of alcohol or drugs with a child who is 14 years of age or younger the car.

A conviction for a first offense of Child Endangerment While OUI / DUI is punishable with 90 days to 2.5 years in the House of Corrections; fines of up to $5,000; and a suspension of the person’s driver’s license for 1 year. A subsequent conviction for this offense could result in a jail sentence of 6 months to 2.5 years in the house of corrections or a state prison sentence of 3-5 years; along with a license suspension of 3 years.

Because the ‘elements’, i.e., what the government would have to prove, for this crime includes the added factor of having a passenger in the vehicle who is 14 years of age or younger, a person may be prosecuted for both child endangerment while operating under the influence as well as OUI / DUI.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons charged with various Massachusetts Drunk Driving Crimes and is available 24/7 for free consultation.

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

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A man from South Yarmouth was charged with Massachusetts Drunk Driving Charges following a crash in Hingham, including Operating Under the Influence of Drug and Child Endangerment by OUI, Reckless Operation of a Motor Vehicle and Possession of a Class B Substance.

According to the Hingham Police Department, the driver crashed his car at a Hingham intersection, striking the electrical box at the intersection on Route 53. Along with a front seat passenger in the car, the driver had his 2 month old infant in the back with the car seat unsecured.

Hingham Police allege that the driver was suspected to have been under the influence of drugs and noticed injection marks on his arms. The driver alleged admitted that he had injected suboxone earlier that day. Officers also allegedly found prescription medication and a used hypodermic needle under the driver’s seat and in the man’s pockets.

The Massachusetts OUI / DUI Crime of Child Endangerment While Operating Under the Influence of Drugs was enacted several years ago with the passing of “Melanie’s Law”, which essentially criminalized the operation of a vehicle with a child passenger while under the influence of alcohol or drugs.

A person convicted of Child Endangerment While DUI / OUI as a first offender may be committed to the house of corrections for a minimum of 90 days and up to 2.5 years; as well as face a mandatory license suspension for 1 year.

A second offender will face 3-5 years in state prison; or 6 months to 2.5 years in the house of corrections; along with a mandatory driver’s license suspension of 3 years.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including Child Endangerment While Operating Under the Influence of Alcohol or Drugs.

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

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A Stoneham was arrested for Massachusetts Drunk Driving Violations on the Massachusetts Turnpike with his two children in the vehicle.

The defendant was arraigned in Dudley District Court on Monday and charged with Operating Under the Influence of Alcohol and Child Endangerment While OUI / DUI.

According to the Massachusetts State Police, troopers received a call to be on the lookout for an alleged drunk driver who had two children in the car with him. Contemporaneous with the call, the Sturbridge Police Department had also reportedly called the Massachusetts State Police to inform them that the defendant was suspected of being involved in a “domestic dispute”.

When state troopers approached the vehicle, which had pulled over into a rest area, the driver was allegedly unsteady on his feet, had slurred speech and smelled of alcohol.

At his arraignment, it was disclosed that the driver also had a previous conviction for vehicular homicide.

The Massachusetts drunk driving crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs was passed in 2005 under “Melanie’s Law”, and punishes those who operated a vehicle under the influence of alcohol or drugs with a child 14 years of age or younger in the vehicle.

A conviction for a first offense of Child Endangerment While OUI / DUI punishes those with not less than 90 days and up to 2.5 years in the House of Corrections; while a subsequent offender may be punished by not less than 6 months and up to 2.5 years in the House of Corrections.

Because they are technically “separate” crimes and require different ‘elements’ to sustain a conviction, under the law, a person may be charged with OUI / DUI and Child Endangerment While OUI / DUI.

Boston DUI / OUI Lawyer Lefteris K. Travayiakis has experience in defending persons charged with various Massachusetts Drunk Driving Crimes and is available 24/7 for consultation.

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

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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.

Boston Drunk Driving Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Crimes, including Operating Under the Influence of Alcohol and Child Endangerment While DUI / OUI.

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

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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.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons charged with Massachusetts Drunk Driving Crimes, including OUI / DUI and is available 24/7 for consultation.

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

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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.

Boston DUI / OUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Law Violations, including Operating Under the Influence of Alcohol and Child Endangerment by OUI / DUI.

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

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Massachusetts has strict Drunk Driving Laws and Penalties, and if you are caught driving while allegedly impaired by drugs or alcohol, the charges and penalties get even stiffer.

This past week, for instance, a Barnstable woman was arrested last week on Massachusetts Drunk Driving Charges after she allegedly drove while impaired with her 4 year old in the car. She was arraigned in Barnstable District Court on charges of Operating Under the Influence of Alcohol and Child Endangerment while Operating Under the Influence of Alcohol.

Child Endangerment While Operating Under the Influence of Drugs or Alcohol in Massachusetts was enacted as a result of “Melanie’s Law” in 2005. This crime punishes those who operate a car while under the influence of drugs or alcohol while a child aged 14 years or younger is in the car.

For first time offender, the law punishes those convicted with a mandatory 90 day sentence to the Massachusetts House of Corrections, up to a maximum of 2.5 years; along with a suspension of the person’s driver’s license for 1 year. Second time offenders, however, face an even stiffer sentence of at least 6 months to jail, or 3-5 years if sent to state prison; along with a 3 year loss of license.

Notably, a person can be prosecuted of BOTH OUI / DUI and separately, the crime of Child Endangerment While OUI / DUI.

Given the harsh penalties and aggressive prosecutions, persons charged with Massachusetts DUI / OUI & Related Crimes should immediately Consult with a Boston DUI / OUI Lawyer.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Law Violations, including Operating Under the Influence of Alcohol and Child Endangerment While OUI / DUI.

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

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Two mothers, both friends, were each charged with Massachusetts Drunk Driving Crimes last week after they allegedly drove impaired by alcohol with their children in the car. Both mothers were charged with Operating Under the Influence of Alcohol and Child Endangerment While Operating Under the Influence of Alcohol.

According to the Harwich Police Department, officers first attempted to pull over a vehicle, but the car sped away at over 70 miles an hour last Thursday morning. When the car was eventually pulled over, it was discovered that she also had in the car her 1 year old infant. She was arrested after she submitted to Field Sobriety Tests.

Some time later, a friend went to the Harwich police station to pick up the woman’s infant. When she got there, police also suspected her of having driven drunk and she was also arrested for OUI / DUI. When police discovered that she had also gone to the police station with her daughter, she was also charged with Child Endangerment While Operating Under the Influence of Alcohol.

The Massachusetts DUI / OUI Crime of Child Endangerment While Operating Under the Influence of Alcohol was passed in 2005 and makes it a crime to drive under the influence of alcohol while also having a minor child in the vehicle. A conviction for this crime would result in a minimum-mandatory sentence to the House of Correction for not less than 90 days and up to 2.5 years; as well as a suspension of the person’s driver’s license for 1 year.

Because the elements (what the government would have to prove in court) are differed for each crime, a person may be prosecuted for both OUI / DUI and Child Endangerment While OUI / DUI.

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

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

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schoo bus.jpgA school bus driver from Lowell was arrested on Massachusetts Drunk Driving Charges last week after she allegedly crashed with children on board.

Mary T. Morrison, 53, was arraigned in Lowell District Court on charges of Operating Under the Influence of Alcohol, 14 counts of Child Endangerment While OUI / DUI; and Leaving the Scene of Property Damage.

According to the Lowell Police Department, Morrison was allegedly driving the bus around 8 a.m. in late October with 14 children on board when she crashed into two parked cars. Lowell Police further allege that she did not stop following the accident.

With the passing of “Melanie’s Law” in 2005, the Massachusetts state legislature enacted the OUI / DUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs, which now makes it a crime to operating a vehicle while under the influence with a child 14 years of age or younger.

The DUI / OUI Crime of Child Endangerment is punishable with imprisonment for not less than 90 days and up to 2.5 years in the House of Corrections, as well as a 1 year loss of license. 2nd or subsequent offenders can be punished by imprisonment for not less than 6 months up to 2.5 years in the House of Corrections; or 3-5 years in state prison.

Contact a Massachusetts DUI / OUI Lawyer.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including OUI /DUI, Child Endangerment While OUI, and Leaving the Scene of Accident.

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

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Hingham Police arrested a Cohasset woman last week on several Massachusetts Drunk Driving Charges for allegedly driving while intoxicated and with her 12 year old son in the front seat.

Gay R. Winn, 47, was charged with OUI / DUI, Negligent Operation of a Motor Vehicle; and Operating Under the Influence of Alcohol with a Child Under 14.

According to the Hingham Police Department, officers were called to a report of an SUV driving erratically on Route 228. The anonymous caller reportedly provided the police with the license plate and a description of the vehicle.

Officers who located the SUV allegedly observed it to cross over into oncoming traffic and eventually pulled the car over. When they approached the driver, officers allegedly smelled alcohol coming from the vehicle and her speech to be slurred. Her 12 year old son was also in the vehicle seated in the front seat.

Although Winn exercised her right and refused to submit to any Field Sobriety Tests, Hingham Police arrested her based on her alleged admission that she had been drinking and that they believed she exhibited signs of intoxication, including her allegedly being unsteady on her feet.

Following the Massachusetts Legislature passing “Melanie’s Law”, it is now a crime to operating a motor vehicle under the influence of alcohol with a child 14 years of age or younger.

The DUI / OUI Crime of Child Endangerment While Operating Under the Influence of Alcohol is punishable with a minimum-mandatory jail sentence of not less than 90 days and up to 2.5 years for a first offender, along with a 1 year loss of the person’s driver’s license. A second offender faces 3-5 years in state prison and a 3 year loss of their driver’s license.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation for all Massachusetts Drunk Driving Charges, including OUI / DUI and Child Endangerment While OUI.

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