Recently in Motor Vehicle Homicide Category

May 4, 2014

Massachusetts State Trooper Indicted for Vehicular Homicide OUI / DUI


A Massachusetts State Police Trooper was indicted this past week by a Plymouth County Grand Jury in connection with an accident last year that resulted in the death of Susan Macchi and her daughter, Juliet Macchi, 23. The trooper was charged with vehicular homicide while operating under the influence of alcohol, negligent operation, and carrying a firearm while intoxicated.

A trooper since 2012, he is alleged to have struck the victims car on in Plymouth and to have been driving with a blood alcohol content of 0.19% on his way home after leaving a party. The presumptive 'limit' in Massachusetts is 0.08%. Although there weren't any witnesses to the accident, Plymouth police have reportedly alleged that the trooper's car crossed into the oncoming lane.

Continue reading "Massachusetts State Trooper Indicted for Vehicular Homicide OUI / DUI" »

September 8, 2013

Boston Woman Charged with Vehicular Homicide in Fatal Hit and Run


A 21 year old Boston woman was charged with several Massachusetts Drunk Driving Charges, including Vehicular Homicide by Operating Under the Influence of Alcohol, in connection with a fatal hit and run that took the life of a 63 year old woman.

According to the Boston Police Department, the defendant, who is from Dorchester, allegedly hit the woman near the intersection of Washington and Northampton Streets. The defendant is alleged to have then fled the scene. The Suffolk County District Attorney's Office further alleges that the defendant was not wearing glasses at the time of the accident, which is apparently a condition of her driver's license restriction.

The defendant was further charged with Leaving the Scene of an Accident.

Vehicular Homicide by OUI / DUI in Massachusetts is the negligent and reckless operation of a motor vehicle while under the of alcohol or drugs and which results in the death of another. The punishment upon conviction for vehicular homicide by operating under the influence of drugs or alcohol is a minimum sentence of 2.5 years and up to 15 years in state prison; and a minimum of 1 year and up to 2.5 years in the house of corrections.

Meanwhile, the motor vehicle crime of Leaving the Scene of an Accident After Causing Death punishes those who leave the scene of an accident where death resulted and without leaving their identity, address and registration information.

Leaving the scene of an accident after causing death is punishable by not less than 1 year and up to 2.5 years in the house of corrections; or not less than 2.5 years and up to 10 years in state prison.

Obviously, the purpose of this statute is to identify those operators who were involved in an accident, particularly those resulting in the death of another person. Massachusetts law imposes an active duty on every driver to stop at the scene of an accident and offer their identifying and vehicle information.

Continue reading "Boston Woman Charged with Vehicular Homicide in Fatal Hit and Run" »

March 16, 2013

Middleboro Man Charged with Vehicular Homicide


A Middleboro man was arrested and charged with Motor Vehicle Homicide While Operating Under the Influence for allegedly operating under the influence of alcohol and causing the death of another motorist.

According to police, the defendant, Zachery Lemmo, 20, was traveling on Route 44 and was involved in a car accident with another driver, James Braga, 61. Prosecutors allege that Lemmo's car struck the other vehicle after running a red light at 70 mph and struck the other driver, resulting in his death.

Police allege that the defendant's blood alcohol level was 0.111% and that he was also allegedly under the influence of marijuana at the time.

Motor Vehicle Homicide in Massachusetts involves the negligent or negligent operation of a motor vehicle while under the influence of drugs or alcohol that results in the death of another.

Vehicular homicide is punishable by either imprisonment to the House of Corrections for 1 to 2.5 years; or to state prison for 2.5 to 15 years. Additionally, a person convicted of this offense may also face revocation of his driver's license for 15 years (or for life for a subsequent offense).

Although cases such as these may appear difficult to defend, particularly where the loss of life resulted, the prosecution must still establish not only that the defendant operated while under the influence of alcohol; but that he also operated in a reckless or negligent manner so that the lives or safety of the public might have been endangered, and that this operation caused the death of another person.

Due to the seriousness of these charges and the grave consequences that could follow, any person charged with OUI / DUI or vehicular homicide should immediately consult with a criminal defense attorney.

Continue reading "Middleboro Man Charged with Vehicular Homicide" »

December 19, 2012

Boston Woman Arrested for Drunk Driving After Hitting 2 Pedestrians, Killing One


A Boston woman was arrested last weekend on Massachusetts Drunk Driving Charges after she allegedly hit two pedestrians on Woodrow Avenue in Dorchester.

The woman, Champree Dinkins, of Dorchester, was arraigned earlier this week in the Dorchester Division of the Boston Municipal Court on several charges including Operating Under the Influence of Alcohol, Leaving the Scene of an Accident After Causing Injury, and two counts of Assault & Battery with a Dangerous Weapon.

According to the Boston Police Department and the Suffolk County District Attorney's Office, it is still unclear whether the alleged acts in this case were deliberate. Given, however, that one of the pedestrians, a 30 year old Dorchester man, died from his injuries, prosecutors may further charge the defendant with Vehicular Homicide by Operating Under the Influence of Alcohol and Leaving the Scene of an Accident After Causing Death.

The Massachusetts Drunk Driving Crime of Vehicular Homicide by OUI / DUI is punishable by imprisonment to the House of Corrections for 1 to 2.5 years if there is evidence that the person's blood alcohol content was 0.08% or greater; and if not, 30 days to 2.5 years in the House of Corrections; or 2.5 to 15 years in state prison.

The Massachusetts crime of Leaving the Scene of an Accident After Causing Death punishes those who leave the scene of an accident where death resulted without leaving their identity, address and registration information. This crime is punishable with imprisonment in the House of Corrections for not less than 1 year and up to 2.5 years; or to state prison for not less than 2.5 years and up to 10 years.

Following her arraignment in the Dorchester Division of the Boston Municipal Court, the defendant was held on $500,000 bail.

Continue reading "Boston Woman Arrested for Drunk Driving After Hitting 2 Pedestrians, Killing One" »

December 9, 2012

NFL Football Player Charged with OUI / DUI Vehicular Homicide


NFL player Josh Brent was arrested this past weekend and charged with Motor Vehicle Homicide by OUI / DUI, the victim being his close friend and teammate.

According to police, Josh Brent, a defensive lineman for the Dallas Cowboys, was allegedly under the influence of alcohol when he crashed his car, which resulted in the death of his passenger, friend and teammate Jerry Brown, who was on the teams practice squad.

Motor Vehicle Homicide by OUI / DUI in Massachusetts is defined as the operation of a motor vehicle by one who is under the influence of intoxicating liquor and who operates in a reckless and negligent manner which caused the death of another person.

Although the penalties for Vehicular Homicide by OUI / DUI vary from state to state, this crime is punishable in Massachusetts by imprisonment to the House of Corrections for 1 to 2.5 years (or 30 days to 2.5 years if there is no evidence of reckless or negligent driving but only a Blood Alcohol Content of 0.08% or greater); or to state prison for 2.5 to 15 years.

Continue reading "NFL Football Player Charged with OUI / DUI Vehicular Homicide" »

October 5, 2012

Massachusetts Man Charged with OUI and Vehicular Homicide in Father's Death


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" »

August 29, 2012

East Boston Man Indicted for Drunk Driving and Vehicular Homicide


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" »

June 17, 2012

Salem Woman Charged with OUI / DUI in Deadly Crash


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" »

January 27, 2012

Burlington Man Charged with Motor Vehicle Homicide by DUI


A Burlington man has been indicted by a Middlesex County Grand Jury on Massachusetts Drunk Driving Charges for allegedly striking and killing a 51 year old man, also of Burlington.

Anthony Manfredi was indicted on charges of Motor Vehicle Homicide by DUI / OUI and Operating Under the Influence of Alcohol, 2nd Subsequent Offense.

According to the Middlesex County District Attorney's Office, Burlington Police Officer's responded to Cambridge Street in the evening of August 14, 2011 for reports that a car had struck a pedestrian. Upon their arrival, they reportedly observed Daniel Jalbert lying on the pavement near the Manfredi's truck.

Jalbert was transported to the Lahey Clinic where he was pronounced.

Burlington Police Officers allege Anthony Manfredi was allegedly unsteady on his feet; had slurred speech and alcohol on his breath. He also allegedly submitted and failed Field Sobriety Tests.

Motor Vehicle Homicide by OUI / DUI criminalizes the negligent and reckless operation as a result of intoxication and which results in the death of another person. Vehicular Homicide by DUI / OUI is punishable by imprisonment in the House of Corrections for not less than 1 year and up to 2.5 years; or to state prison for not less than 2.5 and up to 15 years.

In this particular case, the defense will have to raise any and all circumstances that would demonstrate that Manfredi was not so impaired due to allegedly having ingested alcohol; and raise any factors, that taken together, demonstrate that the accident occurred but not due to any intoxication.

Continue reading "Burlington Man Charged with Motor Vehicle Homicide by DUI" »

December 19, 2011

Haverhill Woman Charged With Vehicular Homicide in Fatal DUI Crash


A Haverhill woman has been charged with Massachusetts Drunk Driving Charges after she allegedly struck and killed a woman who was standing out her car.

Lisa Leavitt was arraigned this morning in Haverhill District Court on DUI / OUI charges including Motor Vehicle Homicide While Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to prosecutors in Haverhill, Leavitt's car struck the 64 year old woman, Karen LaPierre, outside a donut shop as she was putting donuts in the trunk of her car. The impact reportedly pinned Lapierre between the two vehicles, which eventually resulted in her death.

The Haverhill Police Department alleged that Lapierre failed Field Sobriety Tests and submitted to a Breathalyzer Test, which yielded a reading of 0.18%.

Vehicular Homicide by OUI / DUI is punishable in Massachusetts with imprisonment to the House of Corrections for not less than 1 year to 2.5 years; or to state prison for not less than 2.5 to 15 years. In cases, however, where there is no evidence of reckless or negligent driving, even if the blood alcohol content is 0.08% or greater, the penalty is not less than 30 days and up to 2.5 years in the house of corrections.

Beyond the potential for imprisonment, persons convicted of Motor Vehicle Homicide also face severe driver's license implications, including revocation of your license for 15 years.

Under Massachusetts law, 'being under the influence' does not mean "drunk". Rather, 'being under the influence' means that the person's intake of alcohol or drugs diminished his/her ability to operate the vehicle safely - in other words, the person had consumed enough of the intoxicating substance to reduce his/her mental clarity, self-control and reflexes so as to have had a reduced ability to drive safely.

Whether charged with a simple OUI offense such as Operating Under the Influence of Drugs or Alcohol or something more serious, such as Vehicular Homicide by OUI / DUI, those charged with these crimes should immediately Contact a Massachusetts DUI / OUI Lawyer.

Continue reading "Haverhill Woman Charged With Vehicular Homicide in Fatal DUI Crash" »

October 26, 2011

Dedham Man Charged in Alleged Drunk Driving Death of Dorchester Woman


A Dedham man was arraigned in Boston's Roxbury District Court on several Massachsuetts Drunk Driving Charges in connection with the accident and death of a Dorchester woman this past weekend.

Robinson Avendano, 38, was charged with Motor Vehicle Homicide by DUI / OUI; Operating Under the Influence of Alcohol; and Negligent Operation of a Motor Vehicle.

According to the Suffolk County District Attorney's Office and Boston Police, Avendano was allegedly operating his car when it collided into a tree on the Riverway in Boston. The rear passenger, a female, reportedly sustained injuries and was treated at a Boston hospital; while the front seat passenger, Diana Sanchez of Dorchester, died from her injuries.

The Boston Police reported that the rear passenger allegedly told them that the three had been out drinking at a bar in Allston, and that Avendano was allegedly speeding when he lost control of the vehicle.

The Massachusetts State Police Reconstruction team arrived on scene and state troopers also alleged that Avendano's eyes were allegedly red and glassy and he smelled of alcohol.

Following his arraignment, Avendano was held on an extremely high bail of $100,000.

The Massachusetts DUI Crime of Vehicular Homicide is punishable by imprisonment for a minimum of 1 year to the House of Corrections and up to 15 years in state prison.

Although at first glance this case may seem like a slam dunk for the prosecution, the government has a heavy burden in proving the necessary elements for the crime of Vehicular Homicide by DUI / OUI, which are:

  1. That the defendant operated of a motor vehicle;

  2. On a public way;

  3. That the defendant operating the vehicle while under the influence of alcohol;

  4. In a manner that was reckless or negligent so that the lives of the safety of the public might have been endangered; and

  5. That such operation ultimately caused the death of another person.
Under Massachusetts OUI / DUI Law, 'being under the influence' means that the defendant's ability to operate a motor vehicle safely was impaired - in other words, that he had consumed enough alcohol to reduce his mental clarity, self-control and reflexes, leaving him with a reduced ability to drive safely.

Continue reading "Dedham Man Charged in Alleged Drunk Driving Death of Dorchester Woman" »

September 30, 2011

Massachusetts Man Charged with DUI Homicide After Striking Ambulance


Ray Alvarez, 23, of Waltham, has been indicted by a Middlesex County Grand Jury on several Massachusetts Drunk Driving Charges after allegedly striking an ambulance and killing a patient within.

He has been charged with Motor Vehicle Homicide by OUI; Leaving the Scene of an Accident After Causing Property Damage; OUI / DUI; and Negligent Operation of a Motor Vehicle.

According to the Middlesex County District Attorney's Office, Ray Alvarez was allegedly driving on Waltham when he veered into the opposite lane and struck an ambulance, which cause it to spin out of control. In the ambulance was Irving Vogel, 72, of Dedham, who died from injuries resulting from the crash. The Massachusetts Medical Examiner's Office cited 'blunt force trauma' as the cause of death.

Waltham Police allege that Alvarez left the scene of the accident, but the ambulance reportedly was able to note his license plate number. Alvarez' car was found behind a building and police officers allegedly observed front end damage to the car.

Police Officers who arrested Alvarez allege that they observed a 'strong odor of alcohol' and noted that his speech was slurred.

In many cases, not just in Drunk Driving cases, probable the worst thing someone can do i attempt to flee or run away. It is inevitable that if the case goes to trial, prosecutors will undoubtedly introduce this evidence to the jury and argue that any attempt to flee or run away is evidence of 'consciousness of guilt'. In other words, if the person was truly innocent, or it was truly an accident, he would not have tried to get away or struggle with the police.

Believe it or not, without such evidence of 'consciousness of guilt', many cases that may appear 'losers', may actually be very 'beatable' at trial if the defense lawyer is able to offer reasonable explanations of any other alleged criminal conduct. Sometimes, the only piece of evidence that may eventually tip the scales is that the person allegedly tried to run away.

Continue reading "Massachusetts Man Charged with DUI Homicide After Striking Ambulance" »

September 23, 2011

Massachusetts Man Arraigned for Vehicular Homicide in State Trooper's Death


senne.jpgWilliam P. Senne, of Wayland, was arraigned yesterday morning in Brockton Superior Court on enhanced Massachusetts Drunk Driving Charges in connection with the death of Massachusetts State Trooper Ellen Engelhardt.

Senne has been charged with Operating Under the Influence of Alcohol and Motor Vehicle Homicide While Under the Influence of Alcohol.

According to prosecutors, William Senne was allegedly driving on Route 25 in Wareham when he struck the Massachusetts State Trooper's vehicle, which was in the breakdown lane. Trooper Ellen Engelhardt was injured as a result from the crash, and later died on June 1st.

The crime of Motor Vehicle Homicide in Massachusetts seeks to punish those that operate a vehicle negligently and recklessly, while under the influence of drugs or alcohol, and that results in the death of another.

The punishment for Vehicular Homicide by OUI / DUI is 2.5 to 15 years in state prison.

Given the severe penalties one faces when charged with any Massachusetts DUI / OUI Offense, one would be well-served to immediately Consult with a Boston DUI Lawyer.

Continue reading "Massachusetts Man Arraigned for Vehicular Homicide in State Trooper's Death" »

September 12, 2011

Winthrop Man Charged with Drunk Driving Homicide in Boating Death


Lloyd W. Thompson, 39, was arraigned this morning in Hingham District Court and charged with Massachusetts Drunk Driving Law Violations in connection with an alleged drunk boating accident that resulted in the death of a Winthrop woman, Regina Mosher.

Thompson has been charged with Operating Under the Influence of Alcohol and Manslaughter by Driving Under the Influence.

According to the Hull Police Department, Lloyd W. Thompson was allegedly driving the boat when it collided with a another sailboat Saturday night. Upon impact, police believe that Regina Mosher was ejected from the boat into the water. Although she was reportedly rescued from the water within minutes, she reportedly died from brain injuries at a Boston hospital.

The Hull Police allege that Thompson was navigating the boat at about 19 miles per hour at the time of the crash, and allegedly admitted to having drank, though only two or three. Police did seize empty beer bottles and an empty wine box from Thompson's boat, though there were 9 other passengers on board.

Thompson reportedly told police that he did notice the sailboat ahead of him at the last minute and unsuccessfully tried to avoid the crash by turning hard and throttling back. He is reportedly an experienced sailer, with 17 years of experience and familiarity with the area.

By all accounts, this incident appears to be nothing more than a truly tragic accident, with little or no evidence that Thompson's ability to safely navigate the sailboat was impaired by alcohol. Accidents do happen, and by all accounts, Thompson appeared to be alert, cognizant and able to relate his accounts to the police.

Without any other significant witness accounts or that he failed any Field Sobriety Tests or a Breathalyzer Test, the Hingham District Court's imposition of a relatively low cash bail following his arraignment, $1,500, may suggest that this case is more of an accident that a 'drunk boating' incident.

Continue reading "Winthrop Man Charged with Drunk Driving Homicide in Boating Death" »

September 11, 2011

Massachusetts Police Charge Bridgewater Woman in Fatal DUI Crash


Patricia Neville-Colp was arrested and charged with Massachusetts Drunk Driving Law Violations following a crash in Stoughton last night that resulted in the death of one, and serious injuries to two others.

Neville-Colp was charged with Motor Vehicle Homicide by OUI, Operating Under the Influence of Alcohol, and Operating Under the Influence of Drugs.

According to the Massachusetts State Police, Patricia Neville-Colp allegedly cut across two lanes when she collided with a another car. The crash resulted in a passenger being killed, and two others in the car being seriously injured.

The crime of Vehicular Homicide in Massachusetts is punishable by imprisonment to state prison for not less than 2.5 years or up to 15 years. Alternatively, a person may also be committed to a lesser sentence in the House of Corrections for not less than 1 year and not more than 2.5 years.

Motor Vehicle Homicide punishes those drivers that, as a result of intoxication by drugs or alcohol, negligent and recklessly operate a motor vehicle so that the lives or safety of the public might be endangered, and which results in the death of another person.

Aside for the potential for imprisonment, a person convicted of Vehicular Homicide in Massachusetts will also face suspension of his/her driver's license for 15 years. For subsequent offenders, the drivers license revocation is for life.

Patricia Neville-Colp is scheduled to be arraigned Monday morning on Massachusetts OUI Charges in Stoughton District Court.

Continue reading "Massachusetts Police Charge Bridgewater Woman in Fatal DUI Crash" »