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.
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