Matthew Murray, 25, of Weymouth, was arraigned in Norfolk Superior Court in Dedham this week on several Massachusetts Drunk Driving Charges stemming from the February 13, 2011, incident that resulted in the death of April Ivil, who was a passenger in his truck. Murrary was has been charged with Motor Vehicle Homicide, Operating Under the Influence of Alcohol, and Negligent Operation of a Motor Vehicle.
According to the Norfolk County District Attorney’s Office, Matthew Murrary was driving his truck on Commercial Street in Weymouth at 5:20 a.m. when he allegedly lost control and hit a snowbank, causing the truck to flip over. One of the two passengers, April Ivil, who was thrown from the truck when it flipped over, succumbed to her injuries.
Weymouth Police Officers who responded to the crash reported that Matthew Murray allegedly smelled of alcohol and allegedly exhibited signs of intoxication. Police also reported discovering several open beer cans in the truck.
The Massachusetts DUI Crime of Motor Vehicle Homicide carries a potential state prison sentence of up to 15 years. By definition, the crime of vehicular homicide punishes those that, as a result of their intoxication with drugs or alcohol, operate a vehicle in a negligent or reckless manner and which then results in the death of another person.
A conviction for Motor Vehicle Homicide will most certainly result in the person’s driver’s license also being suspended for 15 years for a first offense; and for a subsequent offender, there would be a lifetime revocation of the person’s driver’s license.
Under Massachusetts Drunk Driving Laws, a person does not necessarily have to be ‘drunk’ in order to be deemed ‘under the influence’. Rather, being ‘under the influence’ means that the person’s intake of liquor or drugs diminished the person’s ability to safely operate a motor vehicle.
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