Boston DUI Lawyers Blog
Sam J. Mazur-McDonnell, of Milton, was arrested last Wednesday on Massachusetts Drunk Driving Charges following an accident in Braintree. He has been arraigned in Quincy District Court on DUI charges including Operating Under the Influence of Alcohol, Leaving the Scene of an Accident, Resisting Arrest and Disorderly Conduct.
According to the Braintree Police Department, Sam J. Mazur-McDonnell allegedly struck another car at the intersection of Granite and Pond Streets. The car that was struck, a Chevrolet Tahoe, was in the intersection but the other car was not in the area. Braintree Police were then directed by a witness to a nearby residential condominium complex, where they allegedly located Mazur-McDonnell.
It appears, however, that there was a question whether Mazur-McDonnell was actually the operator of the car at the time of the crash. If so, there may be a legitimate defense as to whether the Norfolk County District Attorney’s Office can prove the DUI / OUI Charges against him. Braintree Police report, however, that statements by two ‘female companions’, from Braintree and Jamaica Plain, suggested that Mazur-McDonnell was the driver.
In all criminal cases, despite whatever criminal charges are issued, it is the prosecutions burden of proving that the identification of the defendant, beyond a reasonable doubt, as the perpetrator of the specified crime. In this regard, Mazur-McDonnell may have an Identification Defense should this case go to trial.
Additionally, it is also unclear whether there is any evidence that Mazur-McDonnell actually operated the vehicle while under the influence of alcohol. In contesting these Massachusetts DUI / OUI Charges, that there was an accident, for example, without any additional evidence of intoxication, such as Field Sobriety Tests and/or an Alcohol Breath Test, could help strengthen his defense.
Boston Criminal Defense Attorney Lefteris K. Travayiakis has experience in defending all Massachusetts Criminal Law Violations, including Drunk Driving Charges such as Operating Under the Influence of Alcohol and Leaving the Scene of an Accident, and is available 24/7 for consultation.
To schedule a Free Consultation, Click Here to Contact a Massachusetts DUI Lawyer or call 617-325-9500.