Joseph Palermo, 42, of Brookline, was arrested this past weekend on Massachusetts Drunk Driving Crimes after allegedly hitting an 8 year old boy. Palermo was arraigned in Brookline District Court on the DUI charge of Operating a Motor Vehicle While Under the Influence of Drugs.
According to the Brookline Police, Joseph Palermo struck the 8 year old boy who had suddenly ran in front of his car. Palermo maintains that he was driving slow at the time and there is no indication from the Brookline Police that he was not driving slowly and appropriately.
After allegedly striking the boy, Palermo immediately got out of his car and checked on the well-being of the child to determine if he needed any aid. The child was alert and only complained of stomach pains.
After Brookline Police arrived, they allegedly smelled an odor of marijuana on Palermo’s breath, and then searched his car. The search allegedly revealed the presence of a small smoking pipe as well as a small amount of marijuana.
Although unfortunate circumstances that a child was struck by a car, there is no indication to me that the Norfolk County District Attorney’s Office has any basis for the DUI / OUI charge. Quite simply, the only reason Joseph Palermo was arrested and charged with DUI is because the Brookline Police had to charge him with something after a child was hit.
Specifically, there doesn’t appear to be any evidence that Joseph Palermo’s ability to operate a motor vehicle safely was impaired by the marijuana; there is no evidence of negligent driving or other indicia of his inability to properly and safely control the vehicle. Nor have I been informed of any other factors that might contribute to any alleged intoxication, whether from Field Sobriety Tests or a Breathalyzer Test.
At the end of the day, this was nothing more than an accident where a child ran out in front of a car….it was an accident, nothing more, nothing less…
Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including Operation of a Motor Vehicle While Under the Influence of Alcohol or Drugs.
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