Recently in Child Endangerment While Operating Under the Influence Category

March 6, 2014

Massachusetts Woman Arrested for OUI and Child Endangerment


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.

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September 5, 2013

Father Charged with Child Endangerment in Hingham OUI


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.

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June 7, 2013

Stoneham Man Arrested for DUI and Child Endangerment on Mass Pike


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.

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November 6, 2012

Worcester Man Charged with Drunk Driving and Child Endangerment


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.

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October 21, 2012

School Bus Driver Charged with Drunk Driving and Kidnapping


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.

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September 9, 2012

Massachusetts Woman Arrested for Drunk Driving with 4 Year Old in Car


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.

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May 20, 2012

Massachusetts Woman Arrested for OUI / DUI Child Endangerment


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.

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March 20, 2012

Massachusetts Mothers Charged with Drunk Driving and Reckless Endangerment of a Child


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.

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December 12, 2011

Lowell School Bus Driver Charged with Drunk Driving


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.

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November 29, 2011

Massachusetts Woman Arrested for Drunk Driving with Child in Car


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.

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October 18, 2011

Man Arrested for Drunk Driving, Leaves Children in Car


A man arrested by Massachusetts State Police for allegedly Drunk Driving Sunday had allegedly left his two children in the car, and were not discovered until the vehicle was at the tow lot.

Fredly Misere was before the Attleboro District Court for arraignment on several OUI / DUI Second Subsequent Offense, including Operating Under the Influence of Alcohol.

According to the Massachusetts State Police, Misere's car was parked along the I-95 when it was discovered by a passing state trooper. The trooper reported that Misere was allegedly passed out and had a bottle of beer in his lap.

Misere was eventually arrested on scene, and a tow truck was called to two the car. It was eventually taken to a tow lot, and only then did police discover that there was a 4 year old and a 4 month old in the back seat.

Following Field Sobriety Tests at the tow lot, Misere was arrested for OUI 2nd Subsequent Offense, Negligent Operating of a Motor Vehicle, and Child Endangerment While Operating Under the Influence of Alcohol.

The Massachusetts DUI / OUI Crime of Child Endangerment While Operating Under the Influence of Alcohol punishes those who operated a motor vehicle while under the influence of alcohol or drugs with a child 14 years of age or younger the car.

Child Endangerment While OUI is punishable by a minimum 90 days to 2.5 years in the House of Corrections, along with a Driver's License suspension for 1 year; or for subsequent offenders, 3 to 5 years in state prison, with a license suspension for 3 years.

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July 13, 2011

Massachusetts Police Officer Arrested for DUI


Edmund Scipione, 41, a Barnstable police detective, was arrested on Massachusetts Drunk Driving Charges in Swansea after he allegedly drove around with a 9 year old boy while drunk. The Barnstable detective has been charged with Operating Under the Influence of Alcohol and Reckless Endangerment of a Child While DUI.

According to the Swansea Police Department, Edmund Scipione was reportedly headed to a Barnstable Little League baseball game with a 9 year old boy who wasn't his child. At some point, the car pulled over in Dighton and the boy got out of the car, reportedly complaining that Scipione was "drinking" and "on the other side of the road."

Swansea Police Officers stopped Scipione's car and allegedly found a 'nips' or miniature bottles of alcohol in the car. Following his arrest, he was suspended as an assistant coach of the Barnstable Little League All-Star Team. It's not clear whether he will also be suspended from his duties at the Barnstable Police Department as a result of the OUI / DUI Charges.

Aside from the alcohol in the car and the boys' statements, however, there does not appear to be any other evidence of impaired operation, or whether Scipione submitted to any Field Sobriety Tests or an Alcohol or Breathalyzer Test.

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June 7, 2011

Massachusetts Grandmother Charged with DUI Alcohol, Drugs & Child Endangerment


Christina Casten, 63, of Hopkinton, was arrested by Framingham Police last night for on various Massachusetts OUI Charges for allegedly driving under the influence of alcohol and prescription drugs with her 8 year old grandson in the car.

Casten was arraigned in Framingham District Court this morning on several OUI / DUI Charges, including Operating Under the Influence of Alcohol, Driving Under the Influence of Drugs, Child Endangerment while Driving Under the Influence of Alcohol or Drugs.

According to the Framingham Police Department, Christina Casten allegedly admitted to having drank two glasses of wine, as well as having taken two prescription pills.

The Massachusetts DUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs became law in 2005 with the passing of "Melanie's Law" by the Massachusetts State Legislature. Child Endangerment While OUI now makes it a crime to operating a motor vehicle under the influence of alcohol or drugs with a child 14 years of age or younger in the car.

The penalty upon conviction for Child Endangerment While DUI of Alcohol or Drugs is 90 days to 2.5 years imprisonment, as well as a driver's license suspension for 1 year for a first time offender; or up to 3-5 years in state prison for a subsequent offender, as well as a 3 year loss of license.

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May 18, 2011

Fitchburg Man Arraigned on DUI Charges and for Leaving Crash with Baby


franklin.jpgLance Franklin, 31, of Fitchburg, was arraigned this past Monday in Fitchburg District Court on several Massachusetts Drunk Driving Charges in connection with the May 10 accident in which he allegedly left the scene with his 15 month old baby. Franklin has been charged with several DUI Law Violations, including Operating Under the Influence of Alcohol, Child Endangerment While Driving Under the Influence, Leaving the Scene of an Accident, and Leaving the Scene of an Accident Causing Serious Injury.

According to the Fitchburg Police Department, Lance Franklin stole the car belonging to an 83 year old woman from Leominster on May 10. On that date, the vehicle was involving an accident when it struck a retaining wall. Police believe that Franklin was driving the car, in which he also had his wife, another man, as well as his 15 month old son.

Fitchburg Police allege that following the crash, Lance Franklin took his son and left the scene of the accident, but left his wife and the other man at the crash site. The baby was reported taken to the home of a relative, who later took the child to Leominster Hospital to be treated.

Police Officers reportedly tried to locate Lance Franklin for several days following the crash, but were only able to locate him this past weekend after receiving a tip that he was back home. Fitchburg Police ultimately arrested Franklin after he allegedly tried to flee from the back of his house.

The Massachusetts DUI / OUI Crime of Child Endangerment While Operating Under the Influence of Alcohol makes it a crime to operating a vehicle while under the influence of alcohol or drugs while also having a child 14 years of age or younger in the car. A conviction for this DUI crime is punishable by imprisonment in the House of Corrections for not less than 90 days and for up to 2.5 years for a first time offender; and for not less than 3 years and up to 5 years in state prison for a subsequent offender.

Following his arraignment on Fitchburg District Court on these several DUI / OUI Charges, Lance Franklin was ordered held on $10,000 cash bail.

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April 12, 2011

Massachusetts Mom Arrested for DUI While Driving with Child in Car


Kathleen McCann, 44, of Rehoboth, was arrested this past weekend on Massachusetts Drunk Driving Charges, including Operating Under the Influence of Alcohol, Child Endangerment While Driving Under the Influence of Alcohol, and Reckless Driving.

Rehoboth Police officers stopped McCann's car after responding to a report from a caller that a woman was driving drunk with her 10 year old son. After catching up to McCann's car, Rehoboth Police officers allegedly observed McCann driving erratically and pulled the car over.

According to the police, McCann denied drinking and stated that she was coming from a toy store with her son. Rehoboth police, however, allege that McCann showed 'signs of intoxication', though no details as to what those 'signs' may have been are known at this time.

Kathleen McCann was also charged with Resisting Arrest, as she was allegedly able to free herself from the handcuffs and then struggled with the officers when they tried to put them back on.

The Massachusetts DUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs:

When "Melanie's Law" was passed by the Massachusetts State Legislature in 2005, the new DUI / OUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs was put on the books.

Under OUI Laws, Massachusetts criminalizes the operation of a motor vehicle while under the influence of alcohol or drugs with a child aged 14 years or younger is in the car. The penalty imposed upon conviction is a minimum 90 days to 2.5 years in jail for even a first-time offender, as well as a suspension of the person's Massachusetts Driver's License for 1 year.

Additionally, a person could then face two criminal DUI Charges for the same incident if there's a child in the car: he could be charged with Operating Under the Influence of Alcohol or Drugs and Child Endangerment While Driving Under the Influence of Alcohol or Drugs.

OUI Crimes in Massachusetts are prosecuted very aggressively across the state, and if arrested on similar charges, you should immediately Consult with a Massachusetts DUI Lawyer.

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