Boston DUI Lawyers Blog

A Holbrook woman has been arrested on Massachusetts Drunk Driving Charges following a crash in Quincy over the weekend. The driver, who was alleged operating under the influence alcohol at the time, lost control of the vehicle which crashed into a telephone poll.

The driver was arrested and charged with Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and was also cited for speeding.

According to the Quincy Police Department, the vehicle was traveling on Franklin Street in Quincy when the driver allegedly lost control in the area of Independence Avenue and struck a utility poll. All four passengers in the car, including the drive, were reportedly taken to local area hospitals to be treated for injuries.

OUI / DUI 1st Offense in Massachusetts is punishable by up to 2.5 years in the House of Corrections and provides for suspension of the person's driver's license for 1 year, as well as fines and fees upwards of $5,000.

Continue reading "Quincy Crash Lands 4 in Hospital and Holbrook Woman Arrested on DUI Charges" »

A Plymouth man was arrested by the Hingham Police Department on Massachusetts Drunk Driving Charges after he allegedly crashed his car head-on into an SUV this past weekend.

William E. Vonberg, 41, was charged with Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According the Hingham Police Department, Vonberg was allegedly traveling on Route 228 on Sunday night when he struck another car head-on. The other vehicle, driven by a 59 year old woman from Hingham with a 60 year old Brockton woman in the passenger seat, reportedly needed to be removed from their car with the jaws of life.

Vonberg was also reportedly removed from his car with the jaws of life and transported to Boston Medical Center with serious injuries.

Hingham Police allege that Vonger's car crossed the center median and struck the other car head on. A search of his car allegedly revealed open alcohol beverage containers in the front seat.

In Massachusetts DUI / OUI cases where the suspected drunk driver was also injured and clearly not able to submit to any Field Sobriety Tests and/or an Alcohol Breath Test, prosecutors will often attempt to subpoena the person's medical records from his treatment of his/her injuries following the accident. Prosecutors know that, once admitted to the hospital, doctors will usually test the patient's blood for the presence of drugs or alcohol and if any were present, will try to admit those records as evidence against him should the case proceed to trial.

Because of the very serious consequences involved in any Massachusetts Drunk Driving Charge, it is critical that you Contact a Boston DUI Lawyer.

Continue reading "Plymouth Man Arrested for DUI After Accident with Serious Injuries" »

A Peabody man was arrested on Thanksgiving night on Massachusetts Drunk Driving Charges following an accident.

The man was arrested for several charges, including Operating Under the Influence of Alcohol, Leaving the Scene of Property Damage and Negligent Operation of a Motor Vehicle.

According to Swampscott Police, officers responded to a call for a hit and run, but were directed by a witness to an SUV with front end damage that was allegedly leaving the scene.

When officers stopped the car, they allegedly recovered a beer bottle from the passenger side floor; and reportedly smelled a "strong odor of alcohol" from the man, along with bloodshot and glassy eyes.

The Peabody man reportedly exercised his constitutional rights and refused to submit to any Field Sobriety Tests.

The man, however, reportedly failed to appear for his arraignment in Lynn District Court on these OUI / DUI Charges.

In many of these cases that are reported by the media of alleged drunk drivers who are stopped and police alleged glassy and bloodshot eyes, even with an odor of alcohol, most people think that these individuals are immediately guilty and have no chance at beating their case.

In the vast majority of cases, even evidence of some intoxication, may not be enough for the government to prove the charges against them.

Rather, almost every DUI / OUI case involves allegations of some evidence of intoxication. People should remember, however, that drinking and driving is not a crime. The government must prove, beyond a reasonable doubt, that the defendant consumed so that his/her ability to operate a vehicle safely was impaired.

For that reason, anyone charged with Drunk Driving in Massachusetts would be wise to immediately Contact a Massachusetts DUI / OUI Lawyer.

Continue reading "Peabody Man Arrested in Swampscott for Drunk Driving on Thanksgiving" »

An 18 year old Medfield teenager has been summonsed to answer on various Massachusetts Drunk Driving Charges after he allegedly crashed his car into a tree last week.

The teen has been charged with OUI / DUI Liquor, Malicious Destruction of Property and Leaving the Scene of an Accident After Property Damage.

According to Medfield Police, officers responded to a call that a car had crashed into a tree and allegedly discovered the man walking up the street and away from the accident. He was eventually transported to Norwood Hospital to be treated for his injuries.

Officers allege that the charge of Operating Under the Influence of Alcohol was based on their observation of the driver at the scene, including the apparent odor of alcohol, "eye condition". It is also alleged that the man submitted to and failed Field Sobriety Tests and allegedly admitted to having consumed alcohol.

Despite all this, the Medfield man may very well have viable defenses to these DUI / OUI charges if his defense is able to pick away at the allegations. For example, challenging the administration and accuracy of the Field Sobriety Tests; seeking to exclude any alleged admissions he may have made; submitting evidence of the road or weather conditions that might have played a factor in the accident.

At the end of the day, every case and all specific allegations should and must be examined with a fine tooth comb. Cases that might appear like slam dunks for the prosecution on their face, sometimes actually turn into great cases for the defense down the road.

Continue reading "Medfield Teen Charged with DUI Following Crash Into Tree" »

Somerville Police responded to a Dunkin' Donuts in Somerville this past week to investigate an alleged assault and ended up arresting a man on Massachusetts Drunk Driving Charges.

Nelson Orlando Martinez, 22, was arrested for allegedly Operating Under the Influence of Alcohol.

According to police, when Somerville Police officers arrived at the Dunkin' Donuts, they reportedly spoke to witnesses who were described as two Hispanic men with long hair in ponytails and traveling in a red pickup truck.

Police officers reportedly saw a red pickup truck with two occupants who allegedly matched the description. The men were in the car and stopped at a stop sign when police pulled the car over.

Once having pulled the car over, police allegedly smelled alcohol on the driver and asked him if he had any drinks. He allegedly stated he only had one shot; but later allegedly stated he had two shots. Somerville Police asked Nelson Orlando Martinez to exit the car and alleged that he was unsteady on his feet. He also reportedly failed Field Sobriety Tests.

At this time, he was arrested on Massachusetts OUI / DUI Charges.

The issue that arises in cases such as these is that there are actually a number of things that support the inference that this defendant was not operating under the influence of alcohol. For example, officers were not responding to a report of anyone drunk driving; they did not observe the defendant to have committed any motor vehicle traffic violations; there is no suggestion that Martinez was unable to follow the officers' directions to exit the car; etc. etc.

Even if you were to believe that the defendant allegedly admitted to the police that he had 2 shots and failed Field Sobriety Tests (which everyone is deemed to have failed), these are not necessarily fatal to any defense.

To the average person, the typical DUI / OUI case seems hopeless and many people believe they have no chance of beating their case. In reality, however, a great deal many DUI cases are, in fact, triable, and persons charged with OUI should Consult with a Boston DUI Lawyer who can explain all their rights and any potential defenses.

Continue reading "Somerville Police Investigate Assault, Arrest man on Drunk Driving Charges" »

A man on his way to his cousin's home in Cohasset got lost, prompting him to ask for directions and leading to his arrest on Massachusetts Drunk Driving Law Violations.

According to the Hingham Police Department, after getting lost, Keith Stanton allegedly stopped at a home in Hingham and allegedly asked the woman for directions. The woman reportedly called police and reported that she observed him to be confused and smelled an odor of alcohol about him.

Hingham Police reportedly located Stanton at a Hingham gas station and allegedly observed him to be unsteady on his feet, with glassy eyes. Police also alleged that there was a half empty bottle of vodka on the front passenger seat.

Stanton also allegedly submitted to a Breath Alcohol Test, which allegedly gave a reading of 0.23%.

He was eventually arrested for Operating Under the Influence of Alcohol.

When it comes to submitting to a Breathalyzer Test in Massachusetts, every person has the right to refuse, and that refusal cannot be held against you should you take the case to trial (in other words, evidence of a refusal is inadmissible at trial against you).

However, refusing a breathalyzer test comes with a price. For persons without any prior DUI / OUI offenses, the penalty for refusing a breathalyzer test is a 180 days suspension of your drivers license. For persons who do have a previous OUI conviction, the penalty for refusing a breathalyzer test is even stiffer: 3 year driver's license suspension with 1 prior OUI conviction; 5 years with 2 prior OUI convictions; and for 3 or more OUI convictions, a LIFETIME suspension.

Continue reading "Hingham Man Asks for Directions and Gets Arrested for Drunk Driving" »

The Massachusetts Supreme Judicial Court announced today that it will initiate an investigation into the reported acquittal rate of Massachusetts Drunk Driving Cases by judges in the district courts.

The states highest court has tapped Jack Cinquigrana, a former prosecutor with the United States Attorney's Office and the Suffolk County District Attorney's Office, to look into and examine why the acquittal rate of OUI / DUI cases in Massachusetts, reportedly 80%, differs from the national average.

The investigation was prompted by a Boston Globe investigation that reported certain judges in Suffolk County are acquitting drunk driving defendants as much as 88% of the time; while other Plymouth County judges are acquitting up to 86% of the time.

In a statement issued today by the Massachusetts Supreme Judicial Court, the justices expressed that the Massachusetts judicial system "depends on judges being able to decide a case fairly but independently, without fear or favor." The justices further conveyed that the reason for the inquiry in OUI acquittals is to ensure that all judges abide by the principal that a case be determined fairly and to preserve the public's trust and confidence by being fair and impartial in all cases.

What is particularly disturbing about this investigation into district court judges is that is clearly presupposes that certain judges are not acting in a fair and impartial manner. Conversely though, I guarantee if it was the conviction rate that was above the national average, there were certainly be no inquiry whatsoever, nor would there be any concern of the public's confidence in the judicial system.

Additionally, I wouldn't be surprised if the Massachusetts District Attorney's Association has specifically made a push for the initial review by the Boston Globe, in order to draw media attention to the issue and force, by creating a public controversy, the Court to call the matter into review.

Notably, however, is that the overwhelming majority of state judges are former prosecutors.

Unfortunately, I am convinced that this is yet another media blitz by the District Attorney's Offices state-wide to give themselves an upper hand against the defense bar.

The real injustice that will now occur in our judicial system, is that judges will be afraid to rule on OUI / DUI cases fairly and impartially if that means ruling in favor of acquittal for fear of being targeted as anti-prosecution. Inevitably, cases will be decided, not on the facts, but upon statistics.

The true injustice then, will be to all citizens' Constitutional rights, which will then be infringed by the inevitable damage to the integrity of our 'independent' judiciary.

Continue reading "Massachusetts Supreme Court to Investigate Drunk Driving Acquittal Rate" »

A Haverhill woman was arrested and charged with Massachusetts Drunk Driving and Drug Crimes after reportedly asking a police officer for directions.

According to the Methuen Police Department, the police officer suspected her of operating under the influence of alcohol after he smelled alcohol on her breath and her allegedly slurring her words. The police officer reportedly asked the woman if she had had anything to drink and the woman allegedly admitted to having had shots of of hard liquor.

She was eventually arrested after allegedly submitting to and failing Field Sobriety Tests.

Following her arrest, however, an inventory search of the car revealed over 30 grams of cocaine and 23 prescription pills, along with marijuana.

The Methuen woman was eventually charged with Operating Under the Influence of Alcohol, Drug Trafficking in Cocaine and Unlawful Possession of a Controlled Substance for the prescription pills.

Continue reading "Haverhill Woman Charged with DUI and Drugs After Asking Police for Directions" »

John Lundborn, the Police Chief of the Truro Police Department, has been charged by his own department this past weekend with allegedly violating the Massachusetts Drunk Driving Laws.

He was scheduled to be arraigned this morning in Orleans District Court on charges of Operating Under the Influence of Alcohol, but it appears that his arraignment has been postponed because Lundborn is currently "under medical care."

According to reports, Chief Lundborn was involved in an accident in North Truro on Cape Cod. Although it's not clear whether he was on duty or not at the time, reports indicate that he was allegedly driving a police cruiser at the time of the accident.

According to Truro Police, officers were called by a Cape Cod National Sea Shore Ranger who had discovered the single-car crash. Truro police who had responded to the crash reported that Lundborn allegedly admitted to having drank "a lot".

The penalty for OUI / DUI in Massachusetts is up to 2.5 years in the House of Corrections and loss of the person's driver's license for 1 year, along with up to several thousand dollars in fines/fees.

For first time DUI offenders, however, Massachusetts Drunk Driving Laws provide for an 'Alternative Disposition' available to offenders who change their plea to a Continuance Without a Finding. Under this alternative, the offender is placed on probation, ordered to enter and a complete a Drug-Alcohol Education program, and loses his licenses for a period of between 45 and 90 days. There are also fines, fees and assessments in the area of $1,000.

Continue reading "Massachusetts Police Chief Charged with Drunk Driving by Own Department" »

Melissa Rich, of Dracut, was charged with Massachusetts Drunk Driving Charges after she allegedly crashed into a home in Billerica last week. She has been charged with Operating Under the Influence of Alcohol.

According to the Middlesex County District Attorney's Office, Rich, who was driving a van for special needs individuals, was allegedly driving under the influence of alcohol at the time. The incident reportedly occurred in Billerica last Wednesday when Rich allegedly swerved across the road, struck two mailboxes and a telephone pole, and finally crashed into a home.

Three passengers in the van, reportedly special needs, were reportedly injured.

She was arraigned this morning in Lowell District Court for OUI / DUI, Operating Under the Influence of Alcohol Causing Serious Injury; and Negligent Operation of a Motor Vehicle.

Following her arraignment in Lowell District Court, Melissa Rich was released on her own personal recognizance.

Continue reading "Massachusetts Woman Charged with Drunk Driving After Crashing Into Billerica Home" »

Ronald Bell, an aide to Massachusetts Governor Deval Patrick, was stopped by Brookline Police this past weekend and charged with Drunk Driving.

According to Brookline Police, Bell was pulled over for allegedly speeding on Route 9 and swerving into another lane. Once pulled over, the officer reported smelling alcohol on Bell's breath and repeatedly ordered him to show his hands as Bell was searching for something on the floor area.

After being ordered to exit the vehicle, Bell allegedly failed Field Sobriety Tests and admitted to having drank two beers a few hours earlier. He did, however, refuse to take a Breathalyzer Test.

Brookline Police further reported that Bell repeatedly name-dropped that he worked for Deval Patrick and that he has powerful friends. Apparently, the officer either didn't care who he was or the name-dropping only encourage the police officer to arrest him...

Bell was arraigned in Brookline District Court Monday morning and charged with Operating Under the Influence of Alcohol and released on Personal Recognizance.

Continue reading "Massachusetts Governor's Aid Stopped for Drunk Driving in Brookline" »

Shanon Duffy, of Taunton, was arrested this past weekend on Massachusetts Drunk Driving Charges following an early morning crash into a utility pole in Rehoboth. She was charged with Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to the Rehoboth Police Department, officers responded to a crash and discovered Duffy's vehicle had crashed into a utility pole at Chestnut and Pleasant Streets. Police reported that Duffy did required medical attention following the crash and was taken to a nearby hospital.

Aside from the crash, there isn't any other indication as to why Duffy was charged with OUI / DUI. Isn't is possible that this was just an mere accident and alcohol wasn't involved? Police officers are often too quick to judge and charge people with drunk driving.

For instance, there isn't any indication that the officers smelled any odor of alcohol (which isn't a big deal even if they did); or that there was any other evidence of intoxication in the car, such as an empty alcohol container. Since Duffy needed to be treated at the hospital for injuries, I think we can assume that she wasn't able or otherwise didn't submit to any Field Sobriety Tests or an Alcohol Breath Test...

In many of these types of DUI / OUI cases, particularly where there are no witnesses and the police weren't themselves able to make any observations, it is often difficult for the prosecution to piece together a strong case.

It is therefore important that, before anyone charged with drunk driving or any similar type criminal offense, they contact and Consult With a Massachusetts DUI Lawyer so that their rights can be fully explained and their case can be properly evaluated.

Continue reading "Taunton Woman Arrested for Drunk Driving After Crashing into Pole" »

Susan H. Pataky, 43, was arrested and charged with Massachusetts Drunk Driving Law Violations following a boating accident that left an Upton with serious injuries.

According to the Leicester Police Department, Pataky was allegedly operating a motorboat and pulling a tube with another woman on it when it struck a dock in Sargent's Pond. The passenger was taken to Umass Medical Center to be treated for what are referred to as "serious injuries".

Susan H. Pataky was released on personal recognizance following her arrest on Massachusetts DUI / OUI Charges, and is scheduled to appear in East Brookfield District Court to answer charges of Operating Under the Influence of Alcohol.

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

Click Here to Contact a Massachusetts OUI Lawyer and to schedule a Free Consultation.

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

Trokan Jubah, 29, was arrested earlier this weeks on Massachusetts Drunk Driving Charges after allegedly hitting three cars in Fall River.

According to the Fall River Police Department, officers responded to a call for a car accident and observed Trokan Jubah pushing his car near another vehicle that was hit. When they approached, officers allegedly smelled the odor of alcohol and burnt marijuana.

After reported failing Field Sobriety Tests, Trokan Jubah was arrested and charged with Operating Under the Influence of Alcohol.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts OUI Charges.

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

Attorney Lefteris K. Travayiakis may also be reached directly at lefteris@travayiakis.com.

A recent review of the Massachusetts Registry of Motor Vehicle statistics on Drunk Driving Charges has revealed that less than 50% of all DUI / OUI Charges in the state result in convictions.

According to the Registry, for the three year period of 2006 through 2009, only 49% of drunk driving related charges ended up in convictions. Additionally, the conviction rate for all motor vehicle related crimes was between 52%-58% for that same period.

Data obtained from an independent agency reported that in 2009, there were a total of 12,369 OUI related arrests in Massachusetts. Of those, 108 involved alcohol-related fatalities; 12 of which involved drivers under age 21. Notably, between 1999-2009, drunk driving related fatalities in Massachusetts has dropped over 29%.

If these numbers are correct, then they are certainly indicative of the tremendous chances a person charged with Operating Under the Influence of Alcohol or Drugs has at obtaining an acquittal in his/her case. Though every case is different and rests on its own specific facts, anyone charged with OUI / DUI should first weigh the strengths and weaknesses of the prosecution's case against them and consider proceeding to trial.

Unfortunately, most First Time OUI Offenders are more concerned with only getting their driver's license restored and of disposing the case as quickly as possible. Those first-time offenders who are not properly explained by their attorney the severe consequences of even a great "deal" on a first time DUI charge can be misled into thinking that they got off easy. The reality is that, even with the statutory "24D" disposition that results in a Continuance Without a Finding, the Registry of Motor Vehicles considers that disposition the equivalent of a 'conviction' or a Guilty finding.

For this and many other reasons, it is critical that, if you are charged with Drunk Driving Offense in Massachusetts, you should Consult with a Boston DUI Lawyer so that all your legal alternatives are properly explained to you.

Continue reading "Less than 50% of Massachusetts DUI Charges End in Convictions" »