Boston DUI Lawyers Blog

Massachusetts Supreme Court Ruling Rejects Registar's Definition of "Conviction"

Fri, 18 May 2012 18:28:27 -0500

In the recent case of Paul J. Souza v. Registrar of Motor Vehicles, the Massachusetts Supreme Judicial Court rejected the Registrar of Motor Vehicle's definition of "conviction" and ruled that a conviction means only dispositions of criminal charges where a determination of guilt was made.

The plaintiff in this case was previously arrested in 1997 for Operating Under the Influence of Alcohol and eventually 'admitted to sufficient facts' for a finding of guilty. His case was "Continued Without a Finding" and later dismissed after a period of probation.

Then, in 2010, the plaintiff was again arrested for OUI / DUI. At the time of his arrest, the plaintiff refused to submit to a Breathalyzer Test. Upon his refusal, the Registrar of Motor Vehicles suspended his driver's license for a period of 3 years by statute. The statute as currently enacted mandates that the arrestee's license is to be suspended for 3 years for refusing to submit to a breathalyzer if he has previously been "convicted" of an OUI / DUI offense (if the person has not been previously convicted, the driver's license suspension of refusal is 180 days).

The plaintiff appealed the 3 year driver's license suspension, arguing that he should only have had his license suspended for 180 days because he had never previously been "convicted" or found guilty. Rather, in his prior case, he only had 'admitted to sufficient facts" for a finding of guilty, which is not the equivalent of a conviction.

In its ruling, the Massachusetts Supreme Judicial Court focused on the language and statutory intent of the legislature, holding that "If the Legislature, in enacting Melanie's Law, had wanted to include an admission to sufficient facts in the definition of 'convicted', it could have done so explicitly." Alternatively, the legislature could have included admissions to sufficient facts for a finding of guilty for the increased penalty in refusal of breathalyzer tests.

So what does this ruling mean for persons who have already had their licenses suspended for increased periods where their prior OUI's were not a result of "guilty" pleas or convictions? Inevitably, as a result of this case, hundreds of other Massachusetts drivers could have their driver's licenses restored whose licenses were suspended under similar circumstances.

For those that do find themselves in similar positions, I would strongly advise them to quickly seek reinstatement of their driver's licenses, as I expect the district attorney's office to consult with the legislature to amend the statute in the next year, if not several months to include a Continuance Without a Finding as a "conviction".

It should also be noted that this plaintiff in this case went to trial and was ACQUITTED.

Boston Man Arrested for DUI / OUI After Crashing into Police Cruiser

Fri, 11 May 2012 17:52:54 -0500

A Boston man was arrested and charged with Massachusetts Drunk Driving Crimes after he allegedly rammed his car into a Massachusetts State Trooper's vehicle.

The man, who is reportedly from Dorchester, was arraigned this morning in Boston Municipal Court for Operating Under the Influence of Alcohol.

According to the Suffolk County District Attorney's Office, the operator of the vehicle slammed into the state trooper's cruiser, which was stopped at a red light at Tremont and Boylston Streets in downtown Boston. Following the crash, the man allegedly kept driving and didn't stop until his passenger told him to stop.

The Massachusetts State Police alleged that the driver admitted to having had "a few drinks" at a Boston bar and was arrested after allegedly failing Field Sobriety Tests.

DUI / OUI is prosecuted very aggressively in Massachusetts, and a first offense can carry up to 2.5 years in the House of Corrections. Despite Massachusetts law providing for an "alternative disposition" for first time offenders, anyone charged with drunk driving should consult with an attorney and strongly weight the pros and cons of contesting the allegations versus making any admissions.

Massachusetts Police Shoot at Driver at OUI / DUI Checkpoint

Thu, 03 May 2012 20:48:43 -0500

Massachusetts State Police opened fire at a driver who allegedly struck one officer and then police on a high speed chase after failing to stop at an OUI / DUI roadblock on Sunday in Lawrence and arrested him on Massachusetts Drunk Driving Charges.

The driver allegedly refused to stop at the checkpoint shortly after 2:00 a.m. on Sunday and drove right through it, allegedly striking a Massachusetts State Trooper, while other officers opened fire at the vehicle. After being apprehended following a chase by other troopers, the man was arrested and charged with Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and Assault & Battery on a Police Officer.

Following his arraignment in Lawrence District Court earlier this week, the man was held without bail.

In Massachusetts, it is legal for police to conduct OUI / DUI checkpoint or roadblocks as long as the cars they select to stop is not arbitrary and the procedure is conducted according to a plan devised by law enforcement.

A plan by police must be established, otherwise it is illegal for police to target which vehicles to stop. Even 'fixed' checkpoints where police stop cars according to no set plan or pattern is illegal. Simply, if the officers conducting the OUI / DUI checkpoint have any discretion in which cars they stop, the sobriety checkpoint could be declared constitutionally illegal.

For that reason, DUI / OUI sobriety checkpoints must be governed by set of standard and neutral guidelines, which must clearly forbid the arbitrary selection of vehicles to be stopped.

When a car is stopped at a sobriety checkpoint, the officer may lawfully request that driver to submit to a secondary screening only if he has reasonable suspicion, based on articulable facts, that the driver may be operating under the influence of alcohol or drugs.

Massachusetts Man Crashes Into Cruiser Following Fatal Accident

Tue, 03 Apr 2012 20:14:35 -0500

As Massachusetts State Police were finishing up with a fatal accident scene on I-93 that claimed the life a young woman, another car crashed into a scene and struck a state police cruiser and a tow truck. The driver, Albert Vasquez, has been charged with Massachusetts Drunk Driving Crimes.

Vasquez was arraigned in Woburn District Court earlier this week and charged with OUI / DUI and Negligent Operation of a Motor Vehicle. Following his arraignment, he was held on $10,000 bail.

According to Massachusetts State Police, after two lanes of I-93 were shut down, Vasquez' vehicle allegedly veered into the cordoned off area where emergency crews were and struck a two truck and then a state police car. He was arrested at the scene for suspicion of operating under the influence of alcohol.

OUI / DUI is punishable in Massachusetts with imprisonment for up to 2.5 years, fines of up to $5,000 and a suspension of the person's driver's license for 1 year. Massachusetts DUI laws do offer an 'alternative disposition' however, which the defendant could have his case Continued Without a Finding and be placed on probation. With this alternative, the defendant would also be ordered to enter and complete a Drug-Alcohol Education Program and lose his/her license for a period of 45-90 days.

Massachusetts Mothers Charged with Drunk Driving and Reckless Endangerment of a Child

Tue, 20 Mar 2012 18:51:10 -0500

Two mothers, both friends, were each charged with Massachusetts Drunk Driving Crimes last week after they allegedly drove impaired by alcohol with their children in the car. Both mothers were charged with Operating Under the Influence of Alcohol and Child Endangerment While Operating Under the Influence of Alcohol.

According to the Harwich Police Department, officers first attempted to pull over a vehicle, but the car sped away at over 70 miles an hour last Thursday morning. When the car was eventually pulled over, it was discovered that she also had in the car her 1 year old infant. She was arrested after she submitted to Field Sobriety Tests.

Some time later, a friend went to the Harwich police station to pick up the woman's infant. When she got there, police also suspected her of having driven drunk and she was also arrested for OUI / DUI. When police discovered that she had also gone to the police station with her daughter, she was also charged with Child Endangerment While Operating Under the Influence of Alcohol.

The Massachusetts DUI / OUI Crime of Child Endangerment While Operating Under the Influence of Alcohol was passed in 2005 and makes it a crime to drive under the influence of alcohol while also having a minor child in the vehicle. A conviction for this crime would result in a minimum-mandatory sentence to the House of Correction for not less than 90 days and up to 2.5 years; as well as a suspension of the person's driver's license for 1 year.

Because the elements (what the government would have to prove in court) are differed for each crime, a person may be prosecuted for both OUI / DUI and Child Endangerment While OUI / DUI.

Bedford Man Arrested for Drunk Driving After I-93 Crash

Tue, 13 Mar 2012 13:24:00 -0500

Massachusetts State Police arrested a Bedford man this past weekend on Massachusetts Drunk Driving Charges following a crash on I-93 north that injure four.

According to state police, James Milligan was allegedly driving the wrong way on I-93 north when he allegedly caused a four car crash. He will be summonsed for arraignment to Woburn District Court on charges of Operating Under the Influence of Alcohol, Leaving the Scene of Property Damage, and Leaving the Scene of an Accident after Causing Serious Bodily Injury.

The crime of Leaving the Scene of an Accident After Causing Serious Bodily Injury is a felony that is punishable with imprisonment for not less than 6 months and up to 2 years in the House of Corrections. It punishes those persons who were involved in an accident where personal injury resulted and then left the scene without leaving making their identity, address and registration information known.

OUI / DUI in Massachusetts is punishable by imprisonment for up to 2.5 years in the House of Corrections, but Massachusetts offers an 'alternative disposition' for first-time OUI /DUI offenders if the person 'admits to sufficient facts for a finding of guilty'.

With this disposition, the defendant is typically placed on probation; ordered to enter and complete a Drug-Alcohol Education Program; and will lose his/her driver's license for a period between 45 and 90 days. In additional, a defendant will also face hefty fines and fees with any disposition that is not entirely resolved in his/her favor.

Stoneham Man Indicted on Massachusetts DUI / OUI Crimes and Attempted Murder

Wed, 07 Mar 2012 14:54:41 -0500

Massachusetts prosecutors have obtained indictments in Middlesex Superior Court against a Stoneham man who is alleged to have drove under the influence of alcohol and drugs and striking two Stoneham police officers.

Thomas Fernandes, 30, of Stoughton, was arraigned in Middlesex Superior Court for OUI / DUI Liquor; Reckless Driving; Leaving the Scene of an Accident; Armed Assault to Murder; Assault & Battery with a Dangerous Weapon; Failure to Stop for Police; Resisting Arrest; and Possession with Intent to Distribute a Class A Substance.

According to the Middlesex County District Attorney's Office, Thomas Fernandes allegedly drove his car down a wrong way street while under the influence of alcohol and drugs, during which time he allegedly crashed with other cars and tried to leave the scene. Prosecutors further allege that, while trying to get away, he also struck two police officers who tried to stop him.

At one point, Stoneham police officers reportedly opened the driver's side door and tried to remove the keys from the ignition. Prosecutors allege that the driver then put the car in reverse and dragged the officers who were partially inside the car; and also allegedly struck officers with the car door. When Fernandes was ultimately arrested, it is alleged that he had a plastic prescription bottle containing heroin.

In many types of these cases where officer safety is jeopardized, prosecutors will often charge the defendant with just about every criminal charge possible. Particularly in cases where a police officer suffered some serious injury, a case such as this will surely be prosecuted very aggressively. For that reason, it is critical that the defense be just as aggressive and thick-skinned to ensure the absolute fairest and best possible resolution.

Taunton Truck Driver Facing DUI / OUI Charges After Allegedly Lying About Fall River Crash

Tue, 06 Mar 2012 14:13:24 -0500

The Taunton truck driver who allegedly crashed his truck under a bridge in Fall River last month in an apparent road rage incident is now being charged with Massachusetts Drunk Driving Charges after investigators believe he lied.

The truck driver, who is 42, is facing criminal OUI / DUI charges including Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

Following the crash on Route 79 under the bridge in Fall River, Massachusetts State Police responded and found the man apparently unconscious and hanging over a jersey barrier. His truck was nearby and engulfed in flames.

After being taken to the hospital, the man allegedly gave several interviews to reporters and claimed that he had been a victim of road rage, alleging that people in a black car had fired a gun at him.

The Massachusetts State Police, however, have since released a statement that there is no evidence to support the man's road rage claim. In a follow-up interview, the man allegedly recanted his road-rage story and admitted he had made it up. State Police have now filed OUI / DUI Charges against him.

Unfortunately, circumstances such as these present themselves all too often. Many people are under the mistaken belief that they can talk their way out of criminal charges, whether from lying to the police and trying to be 'honest' and upfront with them. At the end of the day, if there are criminal charges to be filed, the police will file them.

The best advice any lawyer can give to anyone in these or similar circumstances is to exercise your 5th amendment right to remain silent. There is a reason why this is a constitutional right, because in fact, "anything you say can and will be used against you in a court of law."

Accordingly, the better practice is always to first consult with an experienced criminal defense attorney. Even in circumstances where there might still be a chance to talk your way of being charged with a crime, it would be best to try to accomplish this with the guidance and assistance of an attorney.

Burlington Man Charged with Motor Vehicle Homicide by DUI

Fri, 27 Jan 2012 14:32:37 -0500

A Burlington man has been indicted by a Middlesex County Grand Jury on Massachusetts Drunk Driving Charges for allegedly striking and killing a 51 year old man, also of Burlington.

Anthony Manfredi was indicted on charges of Motor Vehicle Homicide by DUI / OUI and Operating Under the Influence of Alcohol, 2nd Subsequent Offense.

According to the Middlesex County District Attorney's Office, Burlington Police Officer's responded to Cambridge Street in the evening of August 14, 2011 for reports that a car had struck a pedestrian. Upon their arrival, they reportedly observed Daniel Jalbert lying on the pavement near the Manfredi's truck.

Jalbert was transported to the Lahey Clinic where he was pronounced.

Burlington Police Officers allege Anthony Manfredi was allegedly unsteady on his feet; had slurred speech and alcohol on his breath. He also allegedly submitted and failed Field Sobriety Tests.

Motor Vehicle Homicide by OUI / DUI criminalizes the negligent and reckless operation as a result of intoxication and which results in the death of another person. Vehicular Homicide by DUI / OUI is punishable by imprisonment in the House of Corrections for not less than 1 year and up to 2.5 years; or to state prison for not less than 2.5 and up to 15 years.

In this particular case, the defense will have to raise any and all circumstances that would demonstrate that Manfredi was not so impaired due to allegedly having ingested alcohol; and raise any factors, that taken together, demonstrate that the accident occurred but not due to any intoxication.

Massachusetts Man Arrested for 8th OUI by State Police

Mon, 23 Jan 2012 18:20:42 -0500

A Plymouth man was arrested last week on Massachusetts Drunk Driving Charges, his 8th. He was charged with Operating Under the Influence of Alcohol, 8th Subsequent Offense.

According to the Massachusetts State Police, the Plymouth man was stopped in Route 3 for allegedly failing to stay in his lane. When the car was stopped, the state trooper reportedly noticed the operator to have bloodshot eyes, slurred speech, and could allegedly smell alcohol on his breath.

The Massachusetts State Police additional reported that this operator's driver's license had been revoked for 10 years for a prior OUI / DUI offense.

OUI / DUI 5th or Subsequent Offense in Massachusetts is punishable by imprisonment for not less than 2.5 years and up to 5 years in state prison. Additionally, a conviction for a 5th or subsequent drunk driving charge will result in a lifetime revocation of your driver's license without the possibility of obtaining a hardship or 'cinderella' license.

Given the extreme penalties involved in Massachusetts OUI / DUI cases, anyone charged with allegedly operating under the influence of alcohol should immediately Contact a Boston DUI / OUI Lawyer.

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

Quincy Crash Lands 4 in Hospital and Holbrook Woman Arrested on DUI Charges

Mon, 16 Jan 2012 15:52:34 -0500

A Holbrook woman has been arrested on Massachusetts Drunk Driving Charges following a crash in Quincy over the weekend. The driver, who was alleged operating under the influence alcohol at the time, lost control of the vehicle which crashed into a telephone poll.

The driver was arrested and charged with Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and was also cited for speeding.

According to the Quincy Police Department, the vehicle was traveling on Franklin Street in Quincy when the driver allegedly lost control in the area of Independence Avenue and struck a utility poll. All four passengers in the car, including the drive, were reportedly taken to local area hospitals to be treated for injuries.

OUI / DUI 1st Offense in Massachusetts is punishable by up to 2.5 years in the House of Corrections and provides for suspension of the person's driver's license for 1 year, as well as fines and fees upwards of $5,000.

Massachusetts Law on DUI / OUI Checkpoints

Tue, 27 Dec 2011 00:00:22 -0500

When it comes to DUI / OUI roadblocks, aka "sobriety checkpoints", Massachusetts law permits police to establish DUI roadblocks so long as the selection of vehicles stopped is not arbitrary and the procedure is conducted pursuant to a plan devised by law enforcement supervisors.

By way of background, a stop of a car at a police roadblock, no matter how brief, is considered to be a warrantless seizure that implications constitutional protections under the Fourth Amendment to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights. The United States Supreme Court has upheld police using DUI checkpoints if they are reasonable and balance the public interest in reducing alcohol related accidents against a person's constitutional rights.

The reason police must operate an OUI checkpoint according to a devised plan is because it is illegal for police to target which vehicles to stop. Even fixed checkpoints where police stop cars according to no set plan or pattern are illegal. In other words, if the police officers have any discretion in the stopping of vehicles, the constitutionality of the sobriety checkpoint will not be upheld.

Massachusetts courts have therefore required that, in order for police to conduct a DUI / OUI Sobriety Checkpoint, they must be governed by standard, neutral guidelines that clearly the forbid the arbitrary selection of vehicles to be initially stopped.

Once a car has been selected at the DUI checkpoint and only if the police officer has reasonable suspicion, "based upon articulable facts" that the driver may be operating under the influence, he may lawfully direct that driver to submit to a secondary screening. Courts have generally upheld further screening after the initial stop if the screening officers observed "any articulable sign of possible intoxication."

Because challenging your OUI / DUI arrest following a sobriety checkpoint is very technical and turns on the intricacies of the drunk driving laws, you should immediately consult with an attorney who has experience in drunk driving matters.

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

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

Massachusetts Man Charged with 4th DUI

Sun, 25 Dec 2011 15:01:02 -0500

A Raynham man was arrested this past week ans changed with several Massachusetts Drunk Driving Charges after allegedly crashing into another car from behind.

Darryl Torres, 49, of Raynham, was arraigned in Taunton District Court and charged with Operating Under the Influence of Alcohol, 4th Subsequent Offense and Negligent Operation of a Motor Vehicle.

According to the Taunton Police Department, Torres allegedly collided into the car last Friday. The other car was reportedly stopped at an intersection. Following the crash, Torres allegedly left the scene of the accident but later returned, where police allege his vehicle had front end damage and Torres exhibited signs of intoxication, including slurred speech.

Torres reportedly faild Field Sobriety Tests and also allegedly failed an Alcohol Breath Test.

OUI / DUI 4th Subsequent Offense carries significant penalties in Massachusetts, including imprisonment for not less than 2 years and up to 5 years in state prison. Additionally, a conviction for a 4th drunk driving offense would result in the persons driver's license being suspended for 10 years; and the prosecutor could seek that the persons vehicle be forfeited.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including OUI / DUI 4th Offense and Negligent Operation of a Motor Vehicle.

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

Haverhill Woman Charged With Vehicular Homicide in Fatal DUI Crash

Mon, 19 Dec 2011 19:31:56 -0500

A Haverhill woman has been charged with Massachusetts Drunk Driving Charges after she allegedly struck and killed a woman who was standing out her car.

Lisa Leavitt was arraigned this morning in Haverhill District Court on DUI / OUI charges including Motor Vehicle Homicide While Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to prosecutors in Haverhill, Leavitt's car struck the 64 year old woman, Karen LaPierre, outside a donut shop as she was putting donuts in the trunk of her car. The impact reportedly pinned Lapierre between the two vehicles, which eventually resulted in her death.

The Haverhill Police Department alleged that Lapierre failed Field Sobriety Tests and submitted to a Breathalyzer Test, which yielded a reading of 0.18%.

Vehicular Homicide by OUI / DUI is punishable in Massachusetts with imprisonment to the House of Corrections for not less than 1 year to 2.5 years; or to state prison for not less than 2.5 to 15 years. In cases, however, where there is no evidence of reckless or negligent driving, even if the blood alcohol content is 0.08% or greater, the penalty is not less than 30 days and up to 2.5 years in the house of corrections.

Beyond the potential for imprisonment, persons convicted of Motor Vehicle Homicide also face severe driver's license implications, including revocation of your license for 15 years.

Under Massachusetts law, 'being under the influence' does not mean "drunk". Rather, 'being under the influence' means that the person's intake of alcohol or drugs diminished his/her ability to operate the vehicle safely - in other words, the person had consumed enough of the intoxicating substance to reduce his/her mental clarity, self-control and reflexes so as to have had a reduced ability to drive safely.

Whether charged with a simple OUI offense such as Operating Under the Influence of Drugs or Alcohol or something more serious, such as Vehicular Homicide by OUI / DUI, those charged with these crimes should immediately Contact a Massachusetts DUI / OUI Lawyer.

Lowell School Bus Driver Charged with Drunk Driving

Mon, 12 Dec 2011 14:02:15 -0500

A school bus driver from Lowell was arrested on Massachusetts Drunk Driving Charges last week after she allegedly crashed with children on board.

Mary T. Morrison, 53, was arraigned in Lowell District Court on charges of Operating Under the Influence of Alcohol, 14 counts of Child Endangerment While OUI / DUI; and Leaving the Scene of Property Damage.

According to the Lowell Police Department, Morrison was allegedly driving the bus around 8 a.m. in late October with 14 children on board when she crashed into two parked cars. Lowell Police further allege that she did not stop following the accident.

With the passing of "Melanie's Law" in 2005, the Massachusetts state legislature enacted the OUI / DUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs, which now makes it a crime to operating a vehicle while under the influence with a child 14 years of age or younger.

The DUI / OUI Crime of Child Endangerment is punishable with imprisonment for not less than 90 days and up to 2.5 years in the House of Corrections, as well as a 1 year loss of license. 2nd or subsequent offenders can be punished by imprisonment for not less than 6 months up to 2.5 years in the House of Corrections; or 3-5 years in state prison.

Contact a Massachusetts DUI / OUI Lawyer.