Massachusetts DUI Lawyer Blog

Tyrone Fuller is twenty one years old living in Hayward, California. He is getting arraigned today on charges of murder stemming from a March 21, 2009 crash in which he killed another man. At the time Fuller was under the influence of alcohol and marijuana. It was reported that at 6:00 a.m. Fuller drove his sport utility vehicle through a red light striking a car driven by Roger Guess. Fuller left the scene but later filed a false police report claiming that his car had been stolen. The charges are in the Alameda County Superior Court.

DUI Murder Charges Filed Against California Man

In Massachusetts you cannot be charged with murder for a motor vehicle death involving impairment due to either alcohol or drugs. You can however be charged with motor vehicle homicide or manslaughter based on OUI. Motor vehicle homicide charges carry a maximum fifteen years in state prison. The crime can be charged as either a misdemeanor or a felony. OUI manslaughter in Massachusetts originated with Melanie's Law. It is a felony charge that carries a minimum mandatory five year state prison sentence and as much as twenty years. There is also a lifetime loss of license associated with this crime.

Continue reading "Man Charged With Murder After DUI Crash Leaves 46 Year Old Dead" »

Kelly McCarthy of Peabody, Massachusetts was arrested Saturday afternoon and charged with operating under the influence of drugs (OUI). It was reported that a 911 caller called police to report a vehicle being operated on its rims. Officers located the vehicle, driven by McCarthy and followed her for a distance. As police made chase the vehicle failed to stop and eventually crashed into a fire hydrant. McCarthy was charged with DUI drugs, operating recklessly, leaving the scene of an accident and failing to stop for a police officer. She is being arraigned in the Peabody District Court today. The incident occurred at approximately 3:30 p.m.

Peabody Massachusetts Woman Arrested For DUI Drugs

Operating under the influence of drugs is a violation of Massachusetts General Laws Chapter 90 Section 24. For a first offense conviction the punishment is the same as OUI alcohol. You can be sentenced for up to two and one half years in the house of correction, required to pay court costs and fines and receive probation for a year and a one year loss of license. There is also a "24D" disposition available to first time offenders where you can get probation, a mandatory alcohol education program, a forty five day loss of license, court costs and fees. If McCarthy does not have a criminal record and her conduct is aberrational she just might get the "24D" disposition.

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Alex Lambino of Somerville, Massachusetts got into an accident at 5:40 a.m. Saturday in Arlington, Massachusetts. According to reports she struck an unidentified pedestrian who is now in a Boston hospital in critical condition. The incident occurred at the intersection of Massachusetts Avenue and Teel Street. Police documents state that Lambino was driving under the influence of alcohol at the time of the accident. She has been charged with OUI with serious bodily injury, and negligent operation of a motor vehicle. The case is pending in the Cambridge District Court.

OUI Serious Bodily Injury, Negligent Operation Charges For Massachusetts Woman

DUI with serious bodily injury in Massachusetts can be charged as a misdemeanor or a felony. The felony version of this crime carries a ten year state prison sentence. There is a minimum mandatory six month house of correction associated with this crime. The misdemeanor aspect of this statute carries a two and one half year maximum with no minimum mandatory. The article states that Lambino is being charged with the felony. I imagine that this case will remain in the district court where her maximum exposure will be two and one half years in the house of correction. If however the victim dies or has sustained some sort of permanent disabling injury it would not surprise me to see this case prosecuted in the Superior Court.

Continue reading "Massachusetts Woman Facing OUI With Serious Bodily Injury Charges In Cambridge Court" »

Last Sunday night Marueen Fogwell was arrested in Massachusetts for OUI. A cell phone caller reported that Fogwell was driving erratically on Route 95. She failed some field sobriety tests and blew a .125 on a portable breathalyzer. She later blew a .10 and a .15 on a breathalyzer back at the police station. Pursuant to Massachusetts law Fogwell's operating privileges were immediately revoked for thirty days.

Fogwell was arraigned early in the week in the Salem District Court. The judge learned that the police forgot to take her license when she was arrested and she was ordered to surrender it in court. She did and was reminded that she could not drive in Massachusetts until the Registry of Motor Vehicles restored her operating privileges. What the judge did not know was that Fogwell drove herself to court that day. However, when she left the courthouse a court officer saw her drive away and called the police. She was arrested, brought back into court and ordered held for sixty days in the house of correction or until her at least until her case is resolved.

Woman Arraigned On DUI Charge Caught Driving From Courthouse On Suspended License

Massachusetts General Laws Chapter 90 Section 23 makes it a crime for anyone who has a license suspended for OUI to operate a motor vehicle during the period of suspension. The sentence is sixty days in the house of correction if convicted of this crime. It is very difficult to defend someone accused of this crime. You would have to show either that the person was not driving the vehicle or that there was an affirmative defense to this crime such as necessity. Given the facts set out in this article it is unlikely that either of these defenses is available to this defendant.

Continue reading "Woman Charged With DUI Sentenced To 60 Days For Driving On Suspended License" »

According to reports Kris Honkala was driving through Essex, Massachusetts when he hit a wooden planter. A cell phone caller was following him and reported his observations to the police. Honkala, a Newburyport resident continued driving into Ipswich, Massachusetts where he was met and arrested by Ipswich police. Honkala was charged with second offense OUI, a marked lanes violation and leaving the scene of an accident. This case will be prosecuted in the Newburyport District Court.

Second Offense OUI Charged Against Massachusetts Man Who Hit Planter With His Car

If convicted here is what Honkala is looking at: Second offense DUI convictions in Massachusetts have a mandatory thirty day house of correction sentence and you can be sentenced for up to two and one half years. There is a two year loss of license with the possibility of obtaining a hardship license after one year. Fines can range from six hundred dollars to ten thousand dollars and there will be additional court fines and fees. There can be an increased sentence for having left the scene of property damage.

What the article does not mention is the observations of the police officers once they stopped Honkala. There is no mention of anything corroborating their opinion of impairment. There is no mention of Honkala having taken and failed either field sobriety tests, a breathalyzer test or both. This information is critical to both the prosecution and defense of OUI cases. The age of the prior conviction is also important relative to sentencing options should Honkala decide to plead guilty to these charges.

Continue reading "Cell Phone Caller Credited With Assisting In Massachusetts OUI Arrest" »

Twenty six year old Gilberto Vega was arraigned yesterday in the Lawrence District Court. The charges are manslaughter, leaving the scene of an accident with personal injury, motor vehicle homicide and OUI. The Lawrence Eagle Tribune reports that Vega and his girlfriend had an argument after which she, Betzaida Laureano asked him to leave. When he left Vega drove his car at Laureano who was standing on the sidewalk with her children. Vega drove on the sidewalk towards Laureano and ended up hitting her daughter Evelize Curet. Curet was taken to Lawrence General Hospital where she was pronounced dead.

DUI And Manslaughter Charges For Massachusetts Man Who Killed Girlfriend's Daughter

There is no doubt that this case will be presented to a grand jury and indicted. Vega will have to defend against these charges in the Essex County Superior Court in Salem, Massachusetts. The OUI charges are the least of his worries. Vega's biggest problems are the manslaughter and motor vehicle homicide OUI charges. Manslaughter in Massachusetts carries a maximum twenty year state prison sentence. Motor vehicle homicide in Massachusetts carries a fifteen year maximum if the felony version of this offense is charged. Given the tragic nature of this case it would not surprise me to see the district attorney look for at least a fifteen year sentence if Vega gets convicted.

Continue reading "Lawrence Massachusetts Man Charged With OUI, Manslaughter After Killing Girlfriend's Daughter With Car" »

David Macklin has played for nine years in the National Football League, most recently for the Kansas City Chiefs. Earlier today Macklin was convicted of DUI in a Virginia Court. Macklin was pulled over on March 13, 2009 for windows that were tinted too dark. The investigating officer smelled a strong odor of alcohol on Macklin's breath. Macklin then supposedly failed some field sobriety tests. He blew a .11 on the breathalyzer, .03 over the .08 legal limit. Like Massachusetts, a conviction for a first offense DUI in Virginia is a misdemeanor.

DUI Conviction For NFL Player

This case has an interesting issue. Macklin was pulled over for having windows with a tint darker than permissible by law - - or at least the police officer thought. However, the judge acquitted Macklin of the window tint charge. According to the article this was the sole reason for the initial stop. Thus, it appears that the officer might not have had probable cause to stop the car. As a result, there might have been a viable motion to suppress the stop of the car. Typically, when a stop is declared unconstitutional all fruits fo the stop become inadmissible at trial. In this case, the fruits are the field sobriety test and breathalyzer test results.

Continue reading "9 Year NFL Veteran Convicted Of OUI" »

On April 9, 2009 Matthew Markham was driving on High Street with his friend Sean Whalen and Erik Joudrey. While engaged in a conversation with one of his passengers Markham missed a turn in the road and hit two trees. Whalen was taken by ambulance to a local hospital where he died shortly after his arrival. Markham and Joudrey were also treated for injuries. Police reports indicate that all three were drinking earlier in the evening and that speed was a factor in the crash. This past Friday Markham was arrested on charges of motor vehicle homicide while OUI and OUI with serious bodily injury. Right now charges are pending in the Milford District Court.

21 Year Old Massachusetts Man Charged With Motor Vehicle Homicide

Massachusetts General Laws Chapter 90 Section 24G establishes the crime of motor vehicle homicide in Massachusetts. This law allows the district attorney to charge this crime as a misdemeanor or a felony depending on the facts of the case. The felony version of this law permits a sentence of up to fifteen years in state prison and has a one year mandatory minimum sentence. The misdemeanor version of this crime has a maximum two and one half year house of correction sentence and a thirty day minimum. The district court has jurisdiction over both felony and misdemeanor motor vehicle homicide cases however no one can be sentenced for more than two and one half years if this case is prosecuted in the district court.

The article does not clarify under which section Markham has been charged. You always hope that the prosecution is fair in the manner in which it charges crimes in Massachusetts. There is a fine line between felony motor vehicle homicide OUI and misdemeanor motor vehicle homicide OUI. If the felony is charged good lawyers can often convince judges or a jury that the defendant is not guilty of this crime but rather a lesser crime, the misdemeanor. If successful the judge then has more flexibility in his or her choice of sentence.

Continue reading "Massachusetts Man Charged With Motor Vehicle Homicide While OUI" »

Last week Robert Fulton, a Rockland, Massachusetts resident was followed by a driver who saw him cross over the center line several times. The driver called 911 on his cell phone and followed the car until an officer located the vehicle and pulled it over. Fulton was arrested and charged with OUI. According to reports this is his fourth offense. Fulton was arraigned in the Plymouth District Court where the case will be prosecuted. His prior drunk driving convictions were in 1997, 1992 adn 1984. There is no indication as to whether or not field sobriety tests were taken nor was there any mention of a breathalyzer.

Fourth Offense OUI Charges For Massachusetts Man Pending In Plymouth Court

Here is what Massachusetts law says about fourth offense drunk driving convictions. First, there is a potential for five years in state prison. Second, fourth offense DUI's are felonies in Massachusetts. Third, there is a mandatory minimum one year house of correction. Fourth, there is also a ten year loss of license. Fifth you can petition for a hardship license after five years. Sixth, there are statutory fines and fees that you must pay if you are convicted of this crime.

These days people routinely use their cell phones to call in suspicious activity. A large number of Massachusetts OUI prosecutions were initiated as a result of people calling the police with their observations of erratic driving. Sometimes people call in to report that they actually saw someone drinking while driving.

Many people wrongly believe that old or stale drunk driving convictions in Massachusetts cannot be used as priors. That belief is patently incorrect. Massachusetts has a "lifetime look back" provision in its OUI laws. This means that no matter how old one of your prior convictions is it will be counted if you are again charged with drunk driving.

Continue reading "51 Year Old Massachusetts Man Looking At 4th Offense DUI" »

Now here is a really interesting case that just started in the Newburyport District Court. The defendant is a driver's education teacher. His name is Daniel Winsky. He is fifty three years old and lives in Salem, Massachusetts. The district attorney's office has charged him with OUI stemming from an incident on December 26, 2007. According to reports, Winsky was giving a driving lesson to a couple of teenagers in Ipswich, Massachusetts. Winsky was in the passenger seat. He had a set of controls but the vehicle was, according to the defense being operated by the student. Winsky also stands firm that he was not drunk. Interestingly enough, Winsky was not arrested until two months after the incident.

The trial started yesterday. Four civilian witnesses testified, two on the issue of operation and all four on the issue of impairment. As to both issues, the testimony is in great conflict.

Massachusetts Driver's Education Teacher On Trial For DUI
First Of Its Kind Drunk Driving Trial Starts In Newburyport

In Massachusetts the element of "operation", like all other elements in an OUI case must be proved by the prosecutor beyond a reasonable doubt. An old Supreme Judicial Court case, Commonwealth v. Uski, 263 Mass. 22 (1928) held that operation consists of any act that relates to the electrical or mechanical functioning of the vehicle that alone or in connection with other acts will put a vehicle into motion. Having keys in the ignition satisfies this element in Massachusetts. Never however has a court or jury held a passenger responsible for OUI. This case presents an interesting question of fact for the jury. Did Winsky do an act that put the driver's education car in motion, while he was under the influence of alcohol.

Continue reading "Massachusetts Driving Instructor On Trial For OUI" »

Ryan Woolley used to play baseball for the Brewster Whitecaps in the Cape Cod League in Brewster, Massachusetts. On June 15, 2008 he was watching the College World Series with some teammates. He had several drinks and decided to leave the home where he was drinking. A teammate who tried to stop him was struck by his vehicle and dragged for several feet. The teammate was seriously injured but luckily has recovered. Woolley blew over a .08 on the breathalyzer test. Woolley pleaded guilty to OUI and other motor vehicle related charges and was given a six month suspended sentence.

Cape Cod League Baseball Player Sentenced For June OUI

The article also disclosed that Woolley was charged with OUI causing serious bodily injury but that that charge was dropped as a result of a plea bargain. Massachusetts General Laws Chapter 90 Section 24L makes it a separate crime for anyone who causes serious bodily injury to someone while operating under the influence. If convicted of this crime there is a maximum penalty of 2 1/2 years in the house of correction. The overall result was good for Woolley. Massachusetts judges and district attorneys are extremely tough on OUI cases that involve property damage or personal injury. Woolley could have gone to jail and was spared that plight due to having a good lawyer and a fair minded judge and prosecutor.

Continue reading "Massachusetts Baseball Player Sentenced On 1st Offense DUI" »

Malden, Massachusetts resident Bernard Shidlow pleaded guilty to several offenses last week one of which was his fourth OUI charge. The alcohol related charges were operating under the influence, fourth offense, operating a motor vehicle with a license that was suspended for DUI, leaving the scene after an accident with property damage and negligent operation of a motor vehicle. He was sentenced to three years in state prison for the fourth offense drunk driving and to one year in state prison to be served from and after on the operating on a suspended license for drunk driving.

It was reported that Shidlow was driving 70 mph in a 50 mph zone. A state trooper pursued Shidlow after which the defendant got into an accident with another car. He then tried to avoid apprehension but was caught after driving to the end of a one way street. Police discovered that his license had been suspended for another DUI.

Fourth Offense DUI Results In Four Year Sentence For Massachusetts Man

This case was prosecuted in the Essex County Superior Court. While not all fourth offense DUI cases are indicted it is easy to see why the district attorney made the decision in this case. The prosecution undoubtedly believed that Shidlow needed to spend time in state prison. The crime of OUI with a license suspended for another OUI is a part of Melanie's Law. This crime carries a one year mandatory jail sentence. The fourth offense OUI carries another mandatory one year jail sentence. Apparently the judge in this case believed that a one or two year house of correction sentence was warranted. You can bet that the accident and the defendant's flight from the scene impacted this decision.

Continue reading "Malden Massachusetts Man Convicted Of 4th Offense OUI" »

Sandra Akers is the CEO of the Tewksbury Hospital. Last Friday she went to trial on an operating under the influence of alcohol case and lost. The two day trial was in the Peabody District Court before a jury that deliberated for two hours. The penalty; first offender disposition and a ninety day loss of license.

According to reports, Akers testified that she met up with friends around 10:30 p.m. on the day of the incident and had one drink at a bar in Gloucester. She and a friend left the bar to go back to her house in Rockport to have some pizza. When she got to her driveway the lights of a cruiser went on. Apparently a cab driver had reported his observation of erratic driving of Akers vehicle. Akers was put through some field sobriety tests and then arrested. Back at the police station she blew a .13 on the breathalyzer. Through an expert witness Akers defense attorney challenged the accuracy of the test. The value of the police officer's observations was also challenged by the defense. It was argued that Akers had certain medical conditions that could adversely impact the accuracy of the field sobriety tests and the breathalyzer test.

Read Article: Tewksbury Massachusetts Woman Convicted Of DUI

Lowell Sun: Guilty Verdict On OUI Charges For Hospital CEO

Challenging the accuracy of breathalyzer tests is something that should be done more often by defendants fighting OUI charges. You have to keep in mind that a breathalyzer is just a machine and like all machines it is fallible. There are experts who understand how these machines work and just what is necessary to determine their accuracy. Unfortunately not many defendants want to absorb the cost of engaging an expert to assist in their defense. In that case it makes it much more difficult to defend cases where breathalyzer test results will be admitted as evidence at trial.

Akers took her shot and lost however the consequence of doing so was minimal. She had a great lawyer who no doubt did a fantastic job defending her. She will lose her license for forty five days more than had she pleaded guilty and been given the 24D disposition. That is the only consequence for taking this case to trial. It is also likely that she will be given a hardship license so the intrusion on her life will be tempered somewhat. This was a risk worth taking.

Continue reading "53 Year Old Massachusetts Woman Convicted Of OUI In Peabody Court" »

Jason O'Reilly got into an accident just a few days ago. He rear ended an pickup truck with his vehicle in Framingham, Massachusetts and nearly forced it off the road. The police then arrived and spoke with Mr. O'Reilly. He was staggering and slurring his speech. Then he made perhaps his most critical mistake of the night. He talked to the police. In response to their questioning he said: "I had not drunk at all...I had two beers, what's the big deal...Forget I said that. I had nothing to drink all night. To compound matters police located a partially consumed bottle of Smirnoff Ice in O'Reilly's vehicle. Not surprisingly he was arrested. The charges: OUI, underage possession of alcohol and operating with an open container. Topping things off, O'Reilly is twenty years old. Charges are pending in the Framingham District Court.

20 Year Old Framingham Man Charged With DUI

This article suggests that the defendant refused the breathalyzer. In Massachusetts a breathalyzer refusal results in a 180 day loss of license. If you are acquitted or the case against you is dismissed you can apply for an immediate reinstatement of your operating privileges. If you are between the ages of 18 and 21 a refusal can result in a three and one half year loss of license. O'Reilly is only twenty years old. This can be a devastating consequence for anyone, particularly someone who needs a car to get to work or school.

Continue reading "OUI Charges For Framingham Man Who Rear Ends Pickup Truck" »

So you thought the Cincinnati Bengals off field criminal problems were over. Not just yet. Their best cornerback, the player who led the team in interceptions last year was just arrested for drunk driving in Ohio. According to reports, shortly after 3:00 a.m. on Sunday Hall was pulled over, presumably for driving over the center of the road. Police observed him with bloodshot eyes and a moderate smell of alcohol on his breath. Hall was given a breathalyzer test where he blew nearly .15, almost twice the legal limit in Ohio.

DUI Charges For Another NFL Player

Here is what Hall is facing. In Ohio, a first offense conviction requires a three day jail sentence or a three day driver education program. The court will then suspend your driver's license for anywhere between six months and three years. The penalty for blowing above .10 is a ninety day loss of license. Had Hall refused to take the breathalyzer test he would be looking at a one year loss of license. It might be possible for Hall to get limited driving privileges after fifteen days.

Had this occurred in Massachusetts, Hall would have a thirty day loss of license for the .10 and a forty five day loss of license for the drunk driving conviction, assuming he gets convicted. He would also have to enter into an alcohol education program and pay fines and fees.

Continue reading "Cincinnati Bengals Cornerback Leon Hall Charged With DUI" »

Lucille Gatchell got into her car just over one week ago and while driving around Gloucester, Massachusetts she got into an accident. Apparently she was switching lanes and struck the car in front of her head on. The occupants of the other car were Sandra Bullock and her husband, Jesse James. Gatchell took a breathalyzer test and blew a .20, two and one half times the legal limit in Massachusetts. She was arrested and charged with OUI in the Gloucester District Court. Fortunately for Gatchell no one was injured.

Sandra Bullock Hit By Drunk Driver In Massachusetts

So what is in store for Gatchell. If this is her first offense Gatchell will probably plead guilty or admit to sufficient facts and the "24D" program will likely be imposed. The "24D" program is the abbreviated name for Massachusetts General Laws Chapter 90 Section 24D. That provision of the law is the alternative sentence for first offenders designed primarily for remedial purposes. Typically when this statute is used the offender will be placed on probation for one year, will have to enter into an alcohol education program and will lose his license for forty five days. In most cases a hardship license will be issued permitting the person to operate within a designated twelve hour period every day.

Continue reading "64 Year Old Massachusetts Woman Charged With OUI After Accident With Sandra Bullock" »

Salem, Massachusetts police received a call concerning an accident in a yard of a residential neighborhood. When they responded they found Luis Francis, 26 of Lynn, Massachusetts in his truck stopped in the middle of the road. Concerned about the strong odor of alcohol coming from Francis the police asked him to perform some field sobriety tests. He agreed. This was a mistake. Francis failed. Then Francis was taken to the police station where he was asked to take a breathalyzer test. Francis made another mistake by agreeing to take this test. Once again he failed and registered a .27. This is almost three and one half times the legal limit. Further investigation revealed that Francis drove his car across a lawn and had crashed into a rock causing enough damage to his pickup truck that the airbags deployed. He was charged with OUI in the Salem District Court,.

Read Article: Lynn Man Charged With OUI After Crashing In Residential Neighborhood

In Massachusetts if you refuse to take field sobriety tests and/or a breathalyzer test, the fact that you refused cannot be used as evidence at your trial. In other words, a jury never hears that you refused to take these tests. In a case such as this one, the fact that the defendant failed the tests does become evidence that can be used against him at trial. Here, the evidence is extremely damaging, making this case very difficult for Francis to win.

Continue reading "Lynn, Massachusetts Man Charged With OUI After Crash" »

At about 2:00 a.m. last Monday a Massachusetts ambulance driver watched a car being driven erratically. He then saw the driver attempt to order food from a closed McDonald's restaurant. Apparently the man tried to first order from the drive through window. He then got out of his car and stumbled to the door of the closed establishment. The ambulance driver called the police and a stop and arrest were ultimately effectuated. The man was charged with second offense OUI, a misdemeanor in Massachusetts.

Read Article: Ambulance Driver Calls Cops On Drunk Driver

In Massachusetts a second offense OUI is punishable by up to two and one half years in jail. There is a thirty day mandatory house of correction sentence that must be imposed and a two year loss of license. A hardship license may be granted after one year. Here, the defendant's conduct is the district attorney's best evidence of impairment. Trying to order food from the drive thru window and then trying to enter a clearly closed establishment will likely suggest to a jury that the defendant was not in a position to operate a motor vehicle that night.

Continue reading "Ambulance Driver Helps With Massachusetts Drunk Driving Arrest" »

Around 8:00 p.m. this past Sunday a cell phone caller told police that she observed a man, appearing to be drunk, getting into a car with a baby. Police responded to the call and located the defendant, 26 year old Paul Shaughnessy exiting a store and getting into his car not far from the place where he was initially observed by the caller. Police detected a strong odor of alcohol and asked Shaughnessy to take field sobriety tests. He refused. Police then noticed a child under the age of one in the back of the pickup truck Shaughnessy was driving. The child was not buckled. Shaughnessy was arrested for OUI and child endangerment while OUI. The case is pending in the Plymouth District Court.

Read Article: Man Arrested, Charged With DUI Had Child In His Car

The OUI Child Endangerment law in Massachusetts is set out under Massachusetts General Laws Chapter 90 Section 24V. The law states that anyone who is guilty of OUI in Massachusetts and has in his car a child fourteen years old or younger shall be sentenced to at least ninety days in jail and for up to two and one half years in jail. The penalty for second and subsequent offenders is much more severe and the crime then would be a felony rather than a misdemeanor.

Continue reading "Man Charged With OUI, Child Endangerment In Plymouth Court" »

On March 14, 2009 Dante Stallworth, a Cleveland Browns wide receiver accidentally ran over and killed a pedestrian in Miami. He was driving a Bentley that was heavily damaged from the impact. Stallworth cooperated with the police investigation, took field sobriety tests and provided blood work that was sent to a lab for examination. The result of the test was a .126, more than one and one half the legal limit in Florida. Yesterday, Stallworth was charged with DUI and DUI manslaughter. Reports place Stallworth drinking at a club shortly before the accident. A videotape shows Stallworth taking a field sobriety test known as the Horizonatal Gaze Nystagmus test. Florida law has a fifteen year maximum prison sentence for a conviction of DUI manslaughter.

Read Article: Dante Stallworth Charged With DUI Manslaughter

See Videotape: Stallworth Taped Performing HGN Test

In Massachusetts OUI Manslaughter is a crime under Massachusetts General Laws Chapter 265 Section 13 1/2. This is part of Melanie's Law, Massachusetts' newest and perhaps most strict version of Massachusetts OUI laws. The Massachusetts Manslaughter has a five year mandatory prison sentence and authorizes incarceration for up to twenty years.

Most likely, the issue facing Stallworth is not whether or not he was impaired when he was driving but whether his actions amount to DUI manslaughter under Florida law. This is a matter of fact that is determined by a judge or a jury.

Continue reading "Browns Wide Receiver Dante Stallworth Charged With DUI Manslaughter" »

On October 18, 2008 New York Yankees ace pitcher Joba Chamberlain was arrested for DUI in Nebraska. The Lincoln resident was pulled over in his hometown for speeding. The trooper who pulled him over smelled alcohol on his breath and observed an open container. Chamberlain was given a breathalyzer test. He failed by blowing a .13, more than one and one half times the legal limit in Nebraska. Earlier today Chamberlain pleaded guilty to the drunk driving charge and was placed on probation. The open container charge was dropped. Part of the penalty requires Chamberlain to pay a four hundred dollar fine, complete an alcohol education program and lose his license for sixty days.

Read Article: Yankee Pitcher Pleads Guilty To Drunk Driving Charge

By all accounts this was a first offense for Chamberlain. Nebraska has a DUI statute that permits probation for first time offenders whose blood alcohol level is below a .15. The statute mandates a sixty day loss of license and a four hundred dollars fine. This is virtually identical to the sentence Chamberlain received. In some respects Nebraska DUI laws are more severe than in Massachusetts. There is a provision in Nebraska that requires a minimum mandatory two day sentence if the suspect blows a .15 or higher. In Massachusetts first offenders typically get what we call a "24D" disposition that requires a forty five day loss of license, fines, an alcohol awareness program and probation for one year. First time drunk drivers in Massachusetts can also obtain a hardship license that permits operation within a twelve hour period during the period of suspension.

Continue reading "Joba Chamberlain Pleads Guilty To DUI" »