Massachusetts DUI Lawyer Blog

Just the other night Andrew Caron was with his friend Carl Fuller. Fuller was driving his father's car. Apparently Fuller had loaned Caron the keys this past Saturday night. Supposedly Caron was sober at the time. Caron returned with a couple of girls, picked up Fuller and continued to drive the car. Fuller became concerned about Caron's state of sobriety and tried to get him to pull over. Caron pulled the car over at which time he and Fuller struggled over the keys. A Salem, Massachusetts police officer witnessed the event and investigated. He asked Caron if he had been drinking. Caron told the officer that he had not been drinking. Fuller told the cop otherwise. Caron and Fuller continued their struggle and Caron was arrested. He now stands charged with OUI in the Salem District Court. A district court set bail at one thousand dollars cash.

Drunk Driving Charges For Salem Massachusetts Man

There are a few things defense lawyers would like to know about this case. For instance, did Caron take any field sobriety tests? Did he take a breathalzyer test? How was he operating at the time of the stop and who if anybody witnessed the driving? What did Caron do from the time he went to pick up the girls until he got back to pick up Fuller? How much time laspsed? All of these questions needs to be answered before anyone can effectively evaluate Caron's case. The job of criminal defense lawyers is to do just that. Evaluate the strengths and weaknesses of a defendant's case and recommend how to best defend or resolve the case.

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On March 29, 2009 at 2:20 a.m. Stephen Lucas was found passed out behind the wheel of his minivan. His nine year old son was asleep in the seat beside him. When the police awakened him Lucas told them "he was just having some fun with his kid". A half empty whiskey bottle was found inside the car also. Lucas was charged with OUI Child Endangerment, Driving to Endanger and OUI Second Offense. He pleaded guilty and received a two year suspended jail sentence on the child endangerment and driving to endanger. The second offense DUI was continued without a finding. The first offense OUI was twenty four years old.

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No Jail Time For Massachusetts Man Convicted of Child Endangerment, Second Offense OUI

The penalties for second offense OUI in Massachusetts are sixty days in jail, thirty of which are mandatory. There are fines, court costs and a loss of license associated with a conviction for this crime also. The sentence imposed cannot be under the minimum mandatory thus tying a judge's hands in the event he or she does not feel that a jail sentence is appropriate. There is an exception to this rule that the judge in this case embraced. If the first conviction is ten years old or older the second offense can be treated as a first offense and the case can be continued without a finding along with the imposition of the alternative "24D" disposition. Child endangerment requires the imposition of a ninety day house of correction sentence. Even though the sentence can be suspended the person will have a misdemeanor record if convicted of this crime.

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Jose Correia was charged with OUI in the Stoughton District Court after he struck another vehicle and left the scene. He was arrested shortly thereafter and charged with OUI, leaving the scene of an accident, possession of cocaine, driving to endanger and driving without a license. The accident occurred shortly after 7:00 p.m. on Sunday night. Correia is thirty five years old and from Norwood, Massachusetts.

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OUI And Related Motor Vehicle Charges For Norwood Massachusetts Man

The OUI charge, if it is Correia's first, would not be nearly as serious had he remained at the scene of the accident, made his identity known and waited for the police to arrive. The fact that he fled inflates the gravity of the situation and can in many instances be the catalyst for a higher sentence if Correia is convicted. Massachusetts General Laws Chapter 90 Section 24 states that anyone who leaves the scene of an accident shall be punished for not less than two weeks nor more than two years in the house of correction. The minimum sentence is not mandatory however where there are additional charges as in this case such as OUI and drug possession sentences tend to be higher than the typical "24D" program. I would be interested to know how Correia was apprehended, whether or not he took field sobriety tests or a breathalyzer test and who if anyone witnessed Correia driving.

Continue reading "Norwood Massachusetts Man Charged With DUI In Stoughton District Court" »

Jesse Marquardt was competing in a triathlon this past Sunday in Marlborough, Massachusetts. At around 9:00 a.m. during the running leg of the event he was struck by a car driven by Richard Dwyer, a 62 year old Marlborough man. According to witness accounts, Dwyer's car swerved into Marquardt causing him to flip over the vehicle and hit the pavement. Dwyer continued to drive and was apprehended by police about one mile away. Marquardt was taken to a local hospital where he was treated for sever injuries and ultimately released. Dwyer was charged with OUI drugs, negligent operation of a motor vehicle, leaving the scene of an accident and OUI with serious bodily injury. The case is pending in the Marlborough District Court.

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Massachusetts Man Charged With DUI Drugs After Hitting Triathlete

Here is the interesting part of this case. Dwyer has been charged with OUI Drugs even though "the type of drugs is yet to be determined". What exactly does this mean? If he did not submit to a blood test there is no way to ascertain with any degree of legal certainty that he was under the influence of drugs. Rather it appears that this is pure speculation on the part of law enforcement. If he did submit to a blood test then a toxicology screen will determine if in fact drugs were in his system. This still does not mean that he was under the influence of those substances. In situations like this it is advisable to engage a toxicologist to assist in the preparation of the defense. A good toxicologist will be able to explain to a jury how these substances affect certain individuals and how the symptoms of intoxication manifest themselves. They will also be able to tell a jury how long certain substances remain in the system and whether the substance was causing impairment at the time of operation.

Dwyer's bigger problem seems to be the crime of leaving the scene. Leaving the scene of an accident with personal injury in Massachusetts is punishable by a sentence of between six months and two years. These charges are taking quite seriously in Massachusetts. The law requires a driver to stop in situations such as this and a failure to do so will almost always result in a prosecution.

Continue reading "62 Year Old Massachusetts Man Charged With OUI Drugs Causing Seriously Bodily Injury" »

Carrie Featherstone must have had a great lawyer. She is also very lucky. The forty two year old Massachusetts mother was given probation after pleading to a second offense DUI, reckless operation of a motor vehicle and child endangerment. The sentence was imposed in the Gloucester District Court. The punishment: a two year loss of license, a ninety day suspended sentence, two years probation, court costs and completion of the alcohol education program. The district attorney alleged that Featherstone was spotted driving with one blown tire that was down to its rim. When the officer stopped her she was given several field sobriety tests. She failed. Featherstone's two sons were in the car at the time of the incident.

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Probation For Woman Convicted Of DUI Second

The law in Massachusetts regarding second offense OUI cases mandates that anyone convicted of the second offense be fined at least six hundred dollars and up to ten thousand dollars. There is also a mandatory house of correction sentence of sixty days, at least thirty of which must be served. There is an exception to this which most likely explains why Ms. Featherstone is not in a jail right now. Massachusetts General Laws Chapter 90 Section 24D states that if the first offense OUI conviction is ten years old or older the "24D" disposition can be imposed by a judge. It looks like the judge in this case availed himself of portions of this provision thereby allowing the defendant to avoid jail time. Other aspects of the sentence were more harsh than "24D" requires. Specifically, the two year loss of license. The ninety day suspended is required under the child endangerment law.

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Saturday night was supposed to be a night that would provide a lifetime of enjoyable memories and stories for the teenagers going to the Saugus, Massachusetts senior prom. Jonathan Caruso was one of the students attending. He apparently went to the prom and with other students was bused to a Boston Harbor cruise, a tradition at Saugus High School. Students were checked for alcohol and given breath tests before the prom and the cruise. They were bused back to the high school where they returned at 4:00 a.m. Caruso then left with two other students. However, at 7:30 a.m. tragedy struck when the car Caruso was driving swerved onto a sidewalk near Essex Street and Grove Street, hit a street sign, telephone pole and bush and struck and killed Carol Marean and severely injured her daughter. Now, Jonathan Caruso stands charged with motor vehicle homicide, OUI and a minor transporting alcohol. The case is currently pending in the Lynn District Court.

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Massachusetts Teenager Facing DUI Homicide Charges

Prom Night Disaster For Massachusetts Man Results In Motor Vehicle Homicide OUI Charges

Motor Vehicle Homicide in Massachusetts can be charged as either a felony or a misdemeanor. The felony version of this crime carries a fifteen year maximum state prison sentence. The misdemeanor motor vehicle homicide aspect of the statute makes the maximum sentence two and one half years in the house of correction. It is not yet clear how the district attorney in this case has charged Jonathan Caruso. One thing that you can be sure of however is that the prosecution will be looking for him to serve some sort of sentence involving incarceration if he is convicted of this crime. That request is routine in Massachusetts where someone is killed as a result of a drunk driver. The critical issues in this case will likely be the amount of alcohol consumed by Caruso, the hours during which it was consumed and the manner in which he was operating at the time of the crash.

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Susan Belanger is really lucky and probably has a great lawyer. The 50 year old Pembroke, Massachusetts woman was arrested and charged with a Second Offense OUI. It was reported that cell phone callers observed Belanger driving erratically. The police were notified and observed some of Belanger's driving pattern. She was followed to her home where she was confronted and ultimately arrested. She admitted to having only one glass of wine and was brought to the Pembroke Police Station where she requested a breathalyzer test. The machine was not working. Consequently she was taken to the Hanson Police Station but was not permitted to take a breathalyzer test there. A judge sitting in the Plymouth District Court ruled in her favor on a motion to suppress evidence obtained after her arrest. The motion was allowed. Now the district attorney will be limited to prosecute this case only with evidence that preceded the arrest.

Evidence In Second Offense DUI Suppressed In Massachusetts Court

Interestingly enough, Massachusetts Courts have ruled that G.L. c. 90 Section 24 by its terms does not confer the right to a breathalyzer test on someone arrested for driving under the influence. Rather, it provides protections if the police choose to administer a breathalyzer test. If one is not offered the prosecution loses its statutory presumptions of intoxication; the .08 or greater that can suggest impairment. Of course, if that is the case then there can be no license suspension for refusing or failing the breathalzyer test and a conviction will be more difficult to sustain. This would hold particularly true in this case where Belanger demanded a breathalyzer test.

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At 3:30 in the afternoon a witness saw Linda Bevelander drive her car up onto a curb. Police appeared and observed Bevelander drive through a stop sign. When they tried to stop her she kept on driving. Ultimately she was apprehended in a parking lot in Falmouth Heights. Bevelander gave a false name to the officer who stopped her. She has been charged with 3rd offense DUI, failing to stop for a police officer, using a motor vehicle without authority, driving on a suspended license and running a stop sign. The case is pending in the Falmouth District Court.

Massachusetts Woman Charged With 3rd Offense DUI

Third offense OUI cases in Massachusetts are punishable by one hundred days in the house of correction. There is a minimum mandatory one hundred fifty day sentence that must be served. Third offense drunk driving cases are felonies in Massachusetts. There is a potential five year state prison sentence that can be imposed. Usually third offenses are prosecuted in the District Courts where the maximum sentence is two and one half years. If convicted of a third offense there is a eight year loss of license. You can apply for a hardship license after four years.

In this case it appears that there was no breathalyzer test or field sobriety tests. If that is accurate defending this case becomes much easier. The simplest way for prosecutors to prove people guilty of OUI is through a breathalyzer test or failed field sobriety tests. It is when suspects do not take these tests that the task of the district attorney becomes more difficult. In Massachusetts the refusal to take a breathalyzer test or field sobriety tests cannot be used as evidence against you at trial.

Continue reading "Third Offense OUI Charges Issue Against Cape Cod Massachusetts Woman" »

A Salem, Massachusetts man was driving the wrong way down a one way street. That in and of itself should be enough to get anyone's attention. However, the defendant, Natalio Rodrigues drew a little more attention to himself by honking his horn at a car coming right at him. Unfortunately for Rodrigues, the car he was beeping at was occupied by two Salem police officers. Reports indicate that Rodrigues drove directly at the officers without endeavoring to stop or pull over. The officers eventually were able to stop the suspect. Upon doing so they smelled alcohol. Rodrigues failed the field sobriety tests and refused to take a breathalyzer test. He stands charged with fourth offense OUI, driving negligently to endanger and driving down a one-way posted street.

Fourth Offense DUI Charges For Massachusetts Man In Salem

Rodrigues is in trouble. Fourth offense OUI convictions in Massachusetts carry a minimum mandatory one year house of correction sentence. There is also a ten year loss of license. There is also a maximum five year state prison sentence that can be imposed meaning that this is a felony. Many district attorneys in Massachusetts indict fourth offense DUI cases particularly where the facts are disconcerting. I would not be surprised to see Rodrigues case get indicted and prosecuted in the Essex County Superior Court.

From the outside looking in this case looks difficult to defend. The events took place at 12:30 a.m. Driving the wrong way down a one way street with police officers as eyewitnesses suggests a problem from the outset. Failed field sobriety tests and the odor of alcohol complicate matters more. There is typically little sympathy felt by judges when sentencing fourth time offenders, particularly in circumstances such as these. Unless he goes to trial and wins, Rodrigues will be serving some jail time.

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Rodrigo Freitas was operating has car on Main Street in Hyannis, Massachusetts shortly after leaving a bar. He then broadsided a car being driven by Lynn Garland, a forty three year old mother of two from Brewster. Garland died as a result of the crash. Authorities claim that Freitas was drunk at the time of the accident. Freitas suffered a broken leg in the crash. His passenger broke his nose. Blood was taken from Garland at the hospital and no results have yet been obtained. As of now Freitas has been charged with OUI and operating to endanger. Reports suggest that Garland pulled out in front of Freitas. Police accident reconstructionists have been engaged to investigate the cause of the crash.

Cape Cod Massachusetts Man Kills Woman While Driving Drunk

Some pretty interesting issues come to mind when reading articles about this tragedy. First and foremost, whose was at fault in causing this accident. This becomes critical in determining how to charge Freitas. If accident reconstructionists determine that Freitas was at fault then it is likely that he will be charged with the additional crime of motor vehicle homicide. If Garland was at fault then the charges will remain simply OUI. The next issue is what if anything was Garland's blood alcohol level at the time of the crash. If any levels of alcohol registered in her blood then Freitas can perhaps more easily call into question the issue of ultimate responsibility. Regardless, these cases can be difficult to defend for the simple reason that someone died. Greatly difficulty for the defense will arise if it is determined that Freitas was impaired by alcohol.

Continue reading "Motor Vehicle Homicide Charges Likely For Massachusetts Man After OUI Related Death" »

Rene Lopez was likely drunk a few nights ago when he stole a school bus and drove it through Everett. According to reports he took the bus "on a wild ride" and was ultimately shot by a police officer. This occurred after the bus Lopez was driving pinned the police officer's cruiser against the Median on Route 16. Lopez was treated for the gunshot wound at a local hospital and released thereafter. The Suffolk County District Attorney's Office filed charges of larceny of a motor vehicle, OUI, malicious destruction to property, failing to stop for a police officer and more in the Chelsea District Court. Lopez is being held without bail pending a substance abuse evaluation.

Massachusetts Man Who Steals School Bus Charged With DUI

This is not one of your typical OUI cases in Massachusetts where a "24D" disposition is likely. Lopez is looking at some serious felony charges and possible jail time. The most serious charge is the larceny of a motor vehicle. The Massachusetts statute proscribing Larceny of a Motor Vehicle is Massachusetts General Laws Chapter 266 Section 28. A conviction carries up to fifteen years in state prison for this offense. Depending on Lopez' record this case might remain in the district court. Lopez can be sentenced to 2 1/2 years in the house of correction of this charge and receive "from and after" or consecutive sentences on the remaining charges.

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Brian Harrison used to drive limousines for Lynnette's Limousine Company. He is now suspended from the job as a result of an OUI arrest that occurred last weekend in Lowell, Massachusetts. Charges of Operating Under the Influence of Alcohol are now pending in the Lowell District Court. According to reports it was prom night and Harrison was driving a group of high school students. At around 11:30 p.m. one of the passengers called his parent who in turn notified the police. Apparently the driver was swerving enough to cause one of the passengers enough concern to ask to get out of the vehicle. Harrison left and returned to plead with the passengers to get back into the vehicle. They refused and ultimately the police arrived and Harrison was arrested.

Limo Driver Charged With OUI In Lowell, Massachusetts

This is a first offense OUI which typically gets resolved by continuing the case without a finding and imposing the alternative "24D" disposition. It is questionable whether Harrison will get that result due to the fact that he was responsible for teenagers at the time of the offense. Moreover Harrison is lucky that none of the passengers was fourteen years old or younger. Had that been the case he could have been charged with OUI Child Endangerment.

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At 2:20 a.m. Sudbury, Massachusetts police officers observed a vehicle being driven down Route 27 with a flat tire. Based on what they saw the officers pulled the driver over to assist. They quickly determined that the vehicle had been in the accident. Upon further investigation the police formed the belief that the driver, Stephen Robak was driving under the influence of alcohol. He was arrested and charged with OUI and leaving the scene of an accident. Operating under the influence of alcohol charges are now pending in the Framingham District Court.

Drunk Driving Charges For Sudbury Massachusetts Man

By all accounts this is a first offense for Mr. Robak. There is no mention of field sobriety tests, breathalyzer tests or other indications that he was actually impaired at the time of operation. There is likely more than the article is sharing. However that is not likely the most serious charge in this case. Leaving the scene of an accident is a violation of Massachusetts General Laws Chapter 90 Section 24. The relevant portion of that law states that anyone who fails to stop after getting into an accident where there is property damage "
shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both".

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Joan Clark just got out of jail a few days ago. Then, this past Wednesday she got into a motor vehicle accident. When the police arrived she looked disoriented and had bloodshot eyes. She claimed to have had nothing to drink but was taking three kinds of medications for back pain and for withdrawal. She also had four children between the ages of three and ten in her car. Clark failed field sobriety tests and was charged with DUI, DUI with personal injury and DUI child endangerment. She did take a breathalyzer test and consistent with her representations to the police the machine registered a .00.

Woman Facing Charges Of DUI Drugs, Child Endangerment

This incident occurred in Florida. Massachusetts has similar charges that can be brought against someone who commits these crimes in Massachusetts however. The most serious of these charges in Massachusetts would be the Child Endangerment OUI charge. That crime is codified by Massachusetts General Laws Chapter 90 Section 24V which states that anyone convicted of OUI with a child under the age of fourteen in the car shall be sentenced to a minimum ninety days in the house of correction. This crime is a misdemeanor but it is not subject to the "24D" disposition.

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