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.