Boston DUI Lawyers Blog
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A Stoughton woman was arrested on Massachusetts Drunk Driving Charges earlier this month in at a drunk driving checkpoint in Canton.

The OUI / DUI roadblock, which was conducted by the Massachusetts State Police, resulted in the arrest of 6 people and approximately 88 civil motor vehicle citations.

It is well known that the Massachusetts State Police and local police departments sometimes use drunk driving roadblocks to investigate the OUI / DUI laws. Massachusetts law permits police to stop vehicles randomly, but the selection process must not be arbitrary and the method of stopping the vehicles must be according to a devised plan.

If the police stop vehicles at a drunk driving roadblock that is not according to a previously-devised plan, the stop would be considered illegal. Even fixed checkpoints where police stop cars without a pre-devised plan or patters are not constitutional and illegal. Simply put, the police cannot use any arbitrary discretion in selecting which vehicles are stopped.

Once a car has been selected and is pulled over and only if the police officer has reasonable suspicion “based on articulable facts” that the driver may be operating under the influence of alcohol or drugs, only then may he direct that driver to a secondary screening area. Massachusetts courts have generally upheld this further screening if the police officer has observed some articulable signs of possible intoxication.

Persons that have been stopped at a drunk driving sobriety checkpoint and ultimately arrested should always challenge the constitutionality of the roadblock because Massachusetts criminal law places the burden on the prosecutor to prove that the procedure was constitutional and conducted in accordance with the law. If the prosecutor is unable to establish his burden and demonstrate that the checkpoint was reasonable and constitutionally conducted, then your case may ultimately be dismissed.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving matters.

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

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A Lowell man was arrested this past weekend for Massachusetts Drunk Driving Charges after he allegedly drove his car into a Massachusetts State Police vehicle.

The defendant, Justin Castanza, is alleged to have collided with the state police cruiser while the trooper passed through intersection on his way to respond to another incident. The vehicle drive by the defendant allegedly passed through a red light.

The defendant was ultimately arrested for Operating Under the Influence of Alcohol.

OUI / DUI cases involving allegations that the motorist passed through a red light or even got into an accident are not necessarily fatal or defenseless. In the large majority of drunk driving cases, the question of whether the operating was impaired due to alcohol consumption will turn to the question of other indicia of impairment, such as field sobriety tests, breathalyzers, open containers, and other evidence of alcohol impairment (unsteady on his feet; odor of alcohol; failure to maintain proper balance, etc).

Though prosecutors will focus their case on traffic infractions and whether there was an accident to establish a causal connection with impairment, there could be very well be other defenses. For instance, a driver who runs a red light and/or is involved in an accident could have been distracted by a number of things: the cell phone or texting; fatigue; or perhaps a medical condition.

Not every single DUI / OUI case is worthy of trial, but the vast majority of them arguably are. Particularly given the extreme and collateral consequences one may face with a drunk driving conviction, it is important that a person charged with a Massachusetts OUI / DUI consults with an experienced attorney who is able to evaluate the totality of circumstances in an effort to undermine the strength of the prosecutions case and establish any viable defenses you may have.

Boston OUI / DUI Lawyer Lefteris K. Travayiakis has experience in successfully defending Massachusetts Drunk Driving Charges and is available 24/7 for consultation.

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

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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.

Boston DUI / OUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including Vehicular Homicide by OUI /DUI.

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

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A Massachusetts man pulled over in Hingham for suspected OUI / DUI Charges is arrested and additionally charged with Drug Crimes.

The defendant, Stephen Conte, was pulled over by Hingham Police for allegedly operating under the influence of alcohol this past weekend when police saw his car swerve and hit a snow bank. After the vehicle backed up and continued driving, the officer turned his cruiser around but reportedly lost sight of the car.

According to Hingham police, the defendant’s car was located and speeding, and was eventually pulled over.

Police allege that the operator appeared confused and ignored officers’ questions as to whether he had been drinking. He was subsequently arrested for operating under the influence of alcohol.

Prosecutors further alleged that located within the vehicle were an open container of alcohol as well as marijuana on the floor of the car. Police reportedly also seized a backpack with containing marijuana, oxycodone pills, digital scales and other drug paraphernalia, as well as $3,500 cash.

The defendant was ultimately charged with Operating Under the Influence of Alcohol; Failure to Stop for Police; and Possession with Intent to Distribute Drugs.

Although cases such as these may appear to be ‘lost causes’, the specific details of what the officers did or did not see and their actions in pulling over and searching the defendant may lead to circumstances warranting some defensible issues.

For instance, the circumstances giving rise to the allegations of OUI / DUI may be weak the defendant may have a very defensible case against this charge. Well what about the drugs in the car?

Following an arrest, police must follow certain procedures and the defendant is still entitled to certain constitutional protections concerning his property, in this case, the vehicle. If the circumstances involving the officers’ search and seizure of the evidence violated any constitutional rights, the defendant may challenge their seizure. If successful, the evidence would be excluded or ‘suppressed’ from being introduced at trial against him.

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

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

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A Massachusetts State Police Trooper was charged this past week with Drunk Driving Charges.

The defendant state police trooper was arraigned in Falmouth District Court on charges of Operating Under the Influence of Alcohol.

According to prosecutors, the Bourne Police Department received two 911 calls concerning an erratic driver and for an intoxicated man who was allegedly trying to run a female off the road. The state police trooper, allegedly traveling at 80 miles per hour, almost struck two cars.

Ultimately, the defendant state trooper was pulled over at a car dealership on Route 28 and then taken to the Massachusetts State Police barracks in Bourne. Taking over this investigation from the Bourne Police Department, the Massachusetts State Police trooper asked him to submit to field sobriety tests and take a breathalyzer test. The defendant state trooper refused the chemical breath test.

According to state police spokesman, the defendant trooper was also currently on ‘restricted duty’ following a previous allegation of violation of police department regulations.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges.

To schedule a Free Consultation, Click Here to Contact a Massachusetts DUI / OUI Attorney or call 617-325-9500.

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A Weymouth plow driver was charged with Massachusetts Drunk Driving for alleged driving his pickup truck into cars during the last snow storm.

According to another driver, the plow driver was allegedly driving on the wrong side of the road when he struck his car and then kept on going. According to the Weymouth police department, the plow driver hit a total of 7 cars that night.

Police allege that the plow driver didn’t realize that he had struck the vehicles when he was located at South Shore Hospital where he went to visit a patient there.

The plow driver is charged with Operating Under the Influence of Alcohol and Leaving the Scene of an Accident.

In defending OUI / DUI crimes, it is necessary for the police to establish that the operator’s ability to operate the vehicle safely was impaired due to his intoxication to alcohol. Where the person allegedly fled the scene and where there is no evidence of a breathalyzer test or field sobriety tests, the prosecution’ burden becomes that much more difficult.

Most drivers are not even aware that if they are ever pulled over for suspected drunk driving and are asked to perform field sobriety tests that they have an absolute right to refuse. Despite the fact that field sobriety tests, in and of themselves, are not all that reliable anyways, prosecutors place great emphasis when the police allege that the person failed the tests. Additionally, an operator’s refusal to submit to field sobriety tests is not admissible against him if he ultimately decides to proceed to trial.

The same holds true for Massachusetts Breathalyzer Test Refusals. Although a driver will face a lengthier suspension of his license for refusing to submit to a chemical breath tests, the operator’s refusal cannot be held against him and cannot be introduced as evidence of consciousness of guilty against him at trial.

Whether a driver was ‘somewhat impaired’ or ‘totally wasted’ when charged with DUI / OUI, there is almost always some defensible issues that can be explored in his defense.

Boston Drunk Driving Lawyer Lefteris K. Travayiakis can be reached at 617-325-9500 or online by Requesting a Free Consultation with a Massachusetts DUI / OUI Lawyer.

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A man from South Boston was arrested earlier this month for the 9th time in connection with a Massachusetts Drunk Driving charge.

The defendant, 51, was arraigned in the Boston Municipal Court and charged with Operating Under the Influence of Alcohol, 5th or Subsequent Offense and Leaving the Scene of an Accident After Causing Property Damage. Following his arraignment, the defendant was held without bail pending a dangerousness hearing.

According to the Suffolk County District Attorney’s Office, the defendant was driving a rented truck when he got into an accident with another car in the Boston’s South End. Prosecutors allege that the defendant fled the scene but the other vehicle followed him to a gas station.

Boston Police Officers responded and when the defendant exited his car, police observed the man had an orthopedic walking boot on the passenger’s seat. Inside the boot, Boston police allegedly seized a a bottle of chocolate whipped creme flavored vodka.

The defendant was arrested following his refusal to submit to field sobriety tests and a chemical breath test.

At his arraignment, prosecutors represented that the defendant had been previously convicted eight other times. Following his last conviction in 2007, the defendant was sentenced to a sentence of 2.5 years in the House of Corrections.

An OUI / DUI 5th or Subsequent Offense carries the potential for imprisonment of not less than 2.5 years and up to 5 years in state prison. In addition to a prison sentence, a person convicted of drunk driving five or more times also faces a lifetime revocation of his driver’s license.

Additionally, as in this case, when a person is charged with drunk driving with so many prior DUI / OUI conviction, it is common that prosecutors will seek to have him/her held without bail pursuant the ‘dangerousness’ statute. If the government moves for a dangerousness hearing, it is the government’s burden to prove that there are no reasonable conditions of release that would ensure the safety of the defendant and/or the public.

Also, when it comes to a prosecution involving multiple prior offenses, the prosecutor also has to prove that the the person on trial is the same person that was previously convicted of those prior OUI / DUI charges. This might sound simple, but it becomes exponentially complicated and sometimes difficult to prove. Common issues in challenging prior convictions could be circumstances involving where the prior convictions are several years or decades old; where the person has a common name; or the prior files do not contain any booking photos of the person.

As such, it is not that uncommon for a person to have been tried for OUI / DUI, convicted, but the government was unable to prove the prior convictions. A defendant in this scenario would only have been convicted of and subject to the penalties of a first-offender DUI / OUI.

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

Call 617-325-9500 or Click Here to Contact a Massachusetts Drunk Driving Lawyer.

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A Brockton man was arrested for violating the Massachusetts Drunk Driving Laws for the 8th time this past weekend in Avon. He was charged with Operating Under the Influence of Alcohol, 5th or Subsequent Offense.

William Doten, 65, was arrested by the Avon Police Department when his pickup truck broke down. When police officers responded to the area, they allegedly detected a smell of alcohol in the vehicle and asked the defendant to exit and perform a series of Field Sobriety Tests, which he allegedly failed.

A 5th or Subsequent OUI / DUI in Massachusetts carries penalties of imprisonment of not less than 2.5 years and up to 5 years in state prison. In addition to prison, a person convicted for this criminal drunk driving offense also faces fines of several thousand dollars; lifetime revocation of his/her driver’s license without the possibility of a hardship license; and cancellation of the vehicle’s registration plates. The district attorney’s office may also seek forfeiture of the vehicle in some cases.

If ever you are pulled over are questioned by the police regarding a possible driving under the influence, it is extremely important to know your rights. For instance, it is your right to refuse the Breathalyzer Test if you choose too, though you should know that there are enhanced license suspension implications if you do so.

Additionally, most people aren’t even aware that they also have the right to refuse to submit to Field Sobriety Tests. Most police officers won’t even tell you that you can refuse these ridiculous tests. Although statistically they are no better than 70% or so accurate even if performed under ideal conditions, it is extremely rare that the police will even acknowledge that you passed the test at all.

If all else fails and you are ultimately arrested and charged with a Massachusetts DUI / OUI, you should immediately Contact a Massachusetts DUI / OUI Lawyer For a Free Consultation.

Boston OUI / DUI Lawyer Lefteris K. Travayiakis has successfully defended persons charged with Massachusetts Drunk Driving Crimes and is available 24/7 for consultation.

To schedule a Free Consultation, Contact a Massachusetts Drunk Driving Attorney or call 617-325-9500.

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The Massachusetts Supreme Judicial Court recently decided a legal issue in Massachusetts Drunk Driving Cases involving the proposed admission of a defendant’s refusal to submit to a Breathalyzer Test.

In the case of Commonwealth v. William H. Jones, Jr., the defendant was charged and proceeded to jury trial on the charge of Operating Under the Influence of Alcohol. Following his conviction, the Massachusetts Supreme Judicial Court considered whether evidence of a defendant’s initial refusal to submit to a breathalyzer test, and then his subsequent request to take one, should have been introduced to the jury at his trial.

In Massachusetts, evidence of a defendant’s refusal to take a breathalyzer test is not admissible to the jury. Prior to trial in this case, however, the defendant requested the trial judge to allow him to introduce evidence that, although he initially refused the breathalyzer test, that he then subsequently requested he be given one but was denied by the police.

The trial judge, however, denied the defendant’s request and the Massachusetts Supreme Judicial Court ruled that it was in the judge’s discretion to do so because a trial judge may exclude evidence if he feels that its probative value is substantially outweighed by the risk of any prejudice.

The SJC held that admission of the breathalyzer refusal and evidence that the defendant then requested one would serve as only exculpatory evidence or evidence of consciousness of innocence. Massachusetts does not, however, allow evidence of consciousness of evidence to be admitted at trial because it has little value, and the court explained that a variety of different motives can prompt action consistent with innocence.

For example, in OUI / DUI, a defendant’s recantation of his initial refusal to submit to a breathalyzer test may be attributed not only with his innocence, but may also be attributed to his desire to avoid a lengthier license suspension for his refusal.

Where the admissibility of this type of evidence is squarely within the sound discretion of the trial judge, the SJC’s decision does not necessarily mean that no future defendant’s could seek to have evidence of their refusal admitted in their trial. As each cases facts and circumstances stand apart from other, it would obviously be incumbent on the trial judge in each case to independently weight whether the admission of evidence has sufficient probation value.

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

Click Here To schedule a Free Consultation with a Massachusetts OUI / DUI Lawyer or call 617-325-9500.

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A Needham woman was arrested for Massachusetts Drunk Driving Crimes last Thursday night after she struck a Massachusetts State Trooper vehicle.

The Needham woman was arraigned in Dedham District Court and charged with Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to police, the woman was traveling in the northbound lane on Route 109 in a construction zone when she struck the trooper’s vehicle. The Massachusetts State Police trooper was transported to the hospital with neck and back injuries.

The woman reportedly also refused to submit to a Breathalyzer Test, which triggered an automatic suspension of her driver’s license for 180 days.

The Massachusetts OUI / DUI Crime of Operating Under the Influence of Alcohol is a misdemeanor though prosecuted very aggressively in all counties. Although a first-offense OUI / DUI carries the potential for imprisonment for up to 2.5 years in the House of Corrections, Massachusetts law offers an ‘Alternative Disposition’ for first time drunk driving offenders.

For persons who take advantage of the alternative disposition, persons who admit “sufficient facts for a finding of guilty” are placed on probation for a period of time, typically one year; are ordered to enter a Drug-Alcohol Education Program; will be subjected to a loss of their driver’s license for a period of 45-90 days; and will be ordered to pay upwards of $1,000 or more of fines/fees.

In circumstances such as these where the person refused to submit to a Breathalyzer Test, any other license suspension will be incurred following the 180 day license suspension for refusing the breathalyzer test.

Although Massachusetts OUI / DUI laws makes it very attractive for first time offenders to take advantage of this Alternative Disposition, any person charged with OUI / DUI should first thoroughly evaluate the strengths/weaknesses of taking their case to trial.

The reality is that a very large percentage of drunk driving cases are very beatable. For that reason, anyone charged with a drunk driving offense should consult with an experienced OUI / DUI Lawyer.

Boston DUI Lawyer Lefteris K. Travayiakis has experience in successfully defending Massachusetts Drunk Driving Charges, including Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

Attorney Lefteris K. Travayiakis is available 24/7 for free consultation.

Click Here to Schedule a Consultation with a Massachusetts DUI / OUI Lawyer or call 617-325-9500.