Boston DUI Lawyers Blog

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" »

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" »

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" »

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" »

William 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" »

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" »

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" »

Anthony Deicicchi, of Plymouth, was arrested yesterday morning on Massachusetts Drunk Driving Law Violations following a fatal accident that killed a 50 year old man from Jamaica Plain.

Deicicchi was charged with DUI Charges including Motor Vehicle Homicide While Operating Under the Influence of Alcohol; Operating a Motor Vehicle Under the Influence of Alcohol; and Negligent Operation of a Motor Vehicle.

According to the Massachusetts State Police, Anthony Deicicchi was traveling on Quincy Shore Drive early Sunday morning heading southbound when he veered into the northbound lane and struck a Ford Explorer. The driver of the Ford Explorer, a man from Jamaica Plain, was pronounced after being taken to Boston Medical Center. A passenger of that Ford Explorer also suffered serious injuries. A passenger in Deicicchi's car also suffered serious injuries.

According to the Massachusetts State Police, they allege that Anthony Deicicchi was driving under the influence, but no specific details have been released as to what they relied on in making that determination. Its unclear, for example, whether any Field Sobriety Tests were given or if a Breathalyzer Test was submitted to.

Anthony Deicicchi was to be arraigned this morning in Quincy District Court.

Continue reading "Plymouth Man Charged in Fatal Quincy DUI Crash" »

Colin Ratiu, 23, of Boston's Roslindale section, was indicted by a Suffolk Grand Jury on Massachusetts Drunk Driving Crimes in connection with the death of a 23 year old man who was riding his scooter.

The Suffolk County indictment charges Colin Ratiu with Motor Vehicle Homicide While Operating Under the Influence of Alcohol, Operating Under the Influence of Alcohol, and Leaving the Scene of an Accident After Causing Death.

According to the Suffolk County District Attorney's Office and the Boston Police Department, Colin Ratiu was allegedly driving drunk when he struck Andrew Prior, who was riding his scooter, on November 14. Ratiu allegedly failed to stop and continued driving. Andrew prior was taken to a Boston hospital where he was pronounced.

Colin Ratiu was initially arraigned in West Roxbury District Court on the OUI / DUI Charges on February 14 and released on $7,500 bail. The following day, however, Boston Police executed a search warrant at his home and allegedly discovered a climate-controlled room where four marijuana plants were growing. He was then arrested on Massachusetts Drug Crimes Charges.

Continue reading "Roslindale Man Indicted for Vehicular Homicide by OUI in Scooter Death" »

Monica Mitchell, 42, of Mashpee, was arrested last Friday and charged with several Massachusetts Drunk Driving Crimes in connection with the death of a 16 year old Falmouth teenager, Jack Pearsall.

Mitchell was arraigned in Falmouth District Court on DUI charges including Motor Vehicle Homicide While Operating Under the Influence of Alcohol; Negligent Operation of a Motor Vehicle; and Leaving the Scene of an Accident Resulting in Death.

According to the Falmouth Police Department, Monica Mitchell struck Jack Pearsall as he was walking with friends after leaving the annual fireworks display at Mashpee High School. Pearsall's friends told police that Mitchell allegedly swerved and struck Pearsall near the intersection of Old Barnstable Road and Leather Leaf Lane. She allegedly did not stop and continued driving until stopped by police, who found her sitting in traffic.

The Falmouth Police also reported that Monica Mitchell failed three Field Sobriety Tests and refused to submit to a Breathalyzer Test.

Jack Pearsall was med-flighted to Massachusetts General Hospital, but succumbed to his injuries on Monday morning.

The Massachusetts DUI Crime of Motor Vehicle Homicide While Operating Under the Influence of Alcohol or Drugs the reckless or negligent operation of a motor vehicle while under the influence of drugs or alcohol that resulted in the death of another person. The potential penalty upon conviction for the crime of Vehicular Homicide is a sentence of 1 to 2.5 years in the House of Corrections; or 2.5 to 15 years in state prison.

Following her arraignment in Falmouth District Court on DUI / OUI Charges, Monica Mitchell, a former police dispatcher, was released on her own personal recognizance.

The United States Constitution and the Massachusetts Declaration of Rights guarantees that all persons charged with any crime are presumed innocent.

Continue reading "Cape Cod Woman Charged with Vehicular Homicide by DUI in Teen's Death" »

A Middlesex County Grand Jury has indicted Kenneth Belew, 21, of Somerville, on several Massachusetts Drunk Driving Charges in connection with the death of two teenage girls, Mayara Alves, 16, of Everett, and Isabela DaSilva, 16, of Somerville.

Kenneth Belew is expected to be arraigned next week on DUI / OUI Charges including Motor Vehicle Homicide by OUI; Operating a Motor Vehicle Under the Influence of Alcohol; and Negligent Operation of a Motor Vehicle.

According to the Middlesex County District Attorney's Office, on April 21, Kenneth Belew was with friends at a bar and then went to a friend's home. At 3:15 that morning, he left the home with 5 people, including the two teenage girls, Mayara Alves and Isabela DaSilva, who were both seated in the back seat on other passengers' laps.

Police allege that Kenneth Belew was traveling on McGrath Highwath at a high rate of speed when he drove through a red light, eventually losing control of the vehicle. The two girls who were sitting on other passenger's in the laps, and were therefore reportedly not wearing their seat belts, were partially ejected from the car when it crashed.

According to Somerville Police who responded to the scene of the crash, Kenneth Belew exhibited signs of intoxication, as he allegedly had bloodshot and glassy eyes, and had slurred speech.

Belew also reportedly submitted to a Alcohol Breathalyzer Test, which was reported as 0.17%.

As in every criminal case, the law presumes that Kenneth Belew is innocent of these Massachusetts DUI / OUI Charges.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including Vehicular Homicide, Operating Under the Influence of Alcohol or Drugs, and Reckless Driving.

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

Shayna Fernandez, 21, of Lawrence, was arrested Saturday morning and charged with Massachusetts Drunk Driving Charges in connection with a crash in Andover that resulted in the death of Francis A. O'Hanley, 62, of Saugus.

Fernandez is to be arraigned tomorrow morning in Lawrence District Court on Massachusetts DUI Charges including Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle and Motor Vehicle Homicide.

According to the Massachusetts State Police, officer responded to a crash in Interstate 93 in Andover at around 7:00 a.m. Saturday morning. Shayna Fernandez was allegedly speeding in the northbound direction when she struck the vehicle being driven by Francis A. O'Hanley. The impact caused Fernandez' vehicle to veer to the center median and then again into the roadway, again striking O'Hanley's car, this time causing it to roll over.

O'Hanley was taken to Lawrence General Hospital where he succumbed to his injuries. Two other passengers, Timothy O'Hanley, 25, of Saugus, and Joseph A. Coppola, 57, of Malden, were also treated for serious injuries.

Continue reading "Lawrence Woman Charged with OUI & Vehicular Homicide of Saugus Man" »

Hari Dhakal, 39, of Worcester, has been charged with several Massachusetts Driving Charges after he allegedly crashed his SUV into a home. He is summonsed to be arraigned in Worcester District Court on charges including Motor Vehicle Homicide and Negligent Operation of a Motor Vehicle.

According to Worcester Police, the occupant of home, Rosemary Turner, was struck when Dhakal's car allegedly crashed into her house and pinned under the car. Another occupant who was near the doorway was also struck by the impact. She was freed from the crash 45 minutes later and taken to be treated at Umass Medical Center, where she died.

Dhakal reportedly claimed that as he was traveling, his brakes to his Nissan Pathfinder failed. Worcester Police, however, claim that, after physical and mechanical inspection of the vehicle, as well as review of the car's "black box" with the assistance of the manufacturer, there was no evidence to support that the brakes had failed.

Continue reading "Worcester Man Charged with Motor Vehicle Homicide After Crashing Into Home" »

Matthew Murray, 25, of Weymouth, was arraigned in Norfolk Superior Court in Dedham this week on several Massachusetts Drunk Driving Charges stemming from the February 13, 2011, incident that resulted in the death of April Ivil, who was a passenger in his truck. Murrary was has been charged with Motor Vehicle Homicide, Operating Under the Influence of Alcohol, and Negligent Operation of a Motor Vehicle.

According to the Norfolk County District Attorney's Office, Matthew Murrary was driving his truck on Commercial Street in Weymouth at 5:20 a.m. when he allegedly lost control and hit a snowbank, causing the truck to flip over. One of the two passengers, April Ivil, who was thrown from the truck when it flipped over, succumbed to her injuries.

Weymouth Police Officers who responded to the crash reported that Matthew Murray allegedly smelled of alcohol and allegedly exhibited signs of intoxication. Police also reported discovering several open beer cans in the truck.

The Massachusetts DUI Crime of Motor Vehicle Homicide carries a potential state prison sentence of up to 15 years. By definition, the crime of vehicular homicide punishes those that, as a result of their intoxication with drugs or alcohol, operate a vehicle in a negligent or reckless manner and which then results in the death of another person.

A conviction for Motor Vehicle Homicide will most certainly result in the person's driver's license also being suspended for 15 years for a first offense; and for a subsequent offender, there would be a lifetime revocation of the person's driver's license.

Under Massachusetts Drunk Driving Laws, a person does not necessarily have to be 'drunk' in order to be deemed 'under the influence'. Rather, being 'under the influence' means that the person's intake of liquor or drugs diminished the person's ability to safely operate a motor vehicle.

Continue reading "Weymouth Man Indicted for Motor Vehicle Homicide in Dedham Superior Court" »

Kenneth Brelew, 21, of Somerville, was arrested yesterday morning on Massachusetts Drunk Driving Charges that left three people hospitalized and one woman dead. He is scheduled to be arraigned Monday morning in Somerville District Court on DUI / OUI charges including Operating Under the Influence of Alcohol and Vehicular Homicide.

According to the Massachusetts State Police, Kenneth Brelew and four friends left a party early Friday morning and were traveling on McGrath Highway and Brelew apparently lost control of his car and crashed into a barrier. State Police believe that speed was also a factor.

Four of the passengers in the car, Jerry Altidor and Rudolph Reis, both of Somerville, and Rafaela Pereira, of Everett, were all taken to Massachusetts General Hospital to be treated for minor injuries. Another passenger, however, a 16 year old woman, died at the scene of the crash.

It is not known whether Kenneth Brelew was asked to perform any Field Sobriety Tests or if he submitted to an Alcohol Breath Test.

The Massachusetts DUI / OUI Crime of Motor Vehicle Homicide criminalizes conduct of a person who is intoxicated and then operates a car negligently and recklessly and which causes the death of another person.

The law in Massachusetts punishes those convicted of Vehicular Homicide with commitment to state prison for 2.5 to 15 years; or if committed to the House of Corrections, for a period of 1 to 2.5 years. In those cases, however, where there is no evidence of reckless or negligent driving but only the BAC of the person is 0.08% or greater, the penalty imposed may be as little as 30 days in the House of Corrections.

Aside from the possibility of imprisonment, a conviction for the Massachusetts Crime of Vehicular Homicide will certainly lead to a suspension of the persons driver's license - 15 years for a first-time offender and up to life for a subsequent offender.

Though where the death of another results is a tragedy under any circumstance, the person charged will certainly want to consider all his/her legal avenues. There may, after all, be a very viable defense which illustrates that what resulted was truly an accident.

For those reasons, persons charged with any Massachusetts Drunk Driving Crimes, particularly Vehicular Homicide, should Contact a Boston DUI Lawyer.

Continue reading "Somerville Man Charged with DUI and Vehicular Homicide " »