Kenneth Brelew, 21, of Somerville, was arrested yesterday morning on Massachusetts Drunk Driving Charges that left three people hospitalized and one woman dead. He is scheduled to be arraigned Monday morning in Somerville District Court on DUI / OUI charges including Operating Under the Influence of Alcohol and Vehicular Homicide.
According to the Massachusetts State Police, Kenneth Brelew and four friends left a party early Friday morning and were traveling on McGrath Highway and Brelew apparently lost control of his car and crashed into a barrier. State Police believe that speed was also a factor.
Four of the passengers in the car, Jerry Altidor and Rudolph Reis, both of Somerville, and Rafaela Pereira, of Everett, were all taken to Massachusetts General Hospital to be treated for minor injuries. Another passenger, however, a 16 year old woman, died at the scene of the crash.
The Massachusetts DUI / OUI Crime of Motor Vehicle Homicide criminalizes conduct of a person who is intoxicated and then operates a car negligently and recklessly and which causes the death of another person.
The law in Massachusetts punishes those convicted of Vehicular Homicide with commitment to state prison for 2.5 to 15 years; or if committed to the House of Corrections, for a period of 1 to 2.5 years. In those cases, however, where there is no evidence of reckless or negligent driving but only the BAC of the person is 0.08% or greater, the penalty imposed may be as little as 30 days in the House of Corrections.
Aside from the possibility of imprisonment, a conviction for the Massachusetts Crime of Vehicular Homicide will certainly lead to a suspension of the persons driver’s license – 15 years for a first-time offender and up to life for a subsequent offender.
Though where the death of another results is a tragedy under any circumstance, the person charged will certainly want to consider all his/her legal avenues. There may, after all, be a very viable defense which illustrates that what resulted was truly an accident.
To schedule a Free Consultation, Click Here to Contact a Massachusetts Drunk Driving Lawyer or call 617-325-9500.