Massachusetts DUI Lawyer Blog

A woman was sentenced to six months in jail for a crash that took a man's leg, even as the victim publicly forgave her. Marybeth Frisoli, a 33-year-old former juvenile probation officer, was sentenced to 2 1/2 years in jail for the crash, with all but six months suspended. After she leaves jail, she will attend Alcoholics Anonymous meetings, and serve three years of probation with random testing to ensure that she stays away from alcohol for the entire period. Victim Mark Cronin embraced Frisoli before she was led away to begin the sentence, saying "I know you're sorry. I really do." He asked the judge to be lenient with Frisoli, which may have influenced the judge's decision to give her six months in jail rather than the year prosecutors were seeking.

NECN had the story on video:

The crash happened early in the morning of Aug. 23. Frisoli had just left a bar and was driving the wrong way on a divided road approaching the Neponset Bridge in Quincy. She collided with Cronin, who was driving the correct way on a motorcycle. The accident severed Cronin's leg, and doctors later said he might have died if another motorcyclist hadn't stopped to help. That man, Iraq war veteran and Massachusetts National Guardsman John Melson, used Cronin's own belt as a tourniquet. Cronin can no longer do the same job and moved his family to a new house that's better suited to a wheelchair. But he told the newspaper that he couldn't live a bitter life, especially in front his three children, ages six through 12.

Read article: Crash victim forgives driver who cost him his leg

Frisoli's Massachusetts drunk driving criminal defense attorney said Cronin is "a special man." I believe he's right -- and that Cronin's intervention may have made a difference in Frisoli's defense. Operating under the influence with serious bodily injury can be a felony or a misdemeanor in Massachusetts. The article said Frisoli faced up to 10 years in prison, which suggests she was charged with the felony. The six months she will actually serve is the mandatory minimum sentence -- the best possible outcome after a conviction for felony OUI with serious bodily injury, and half of the time the prosecution asked for.

When an OUI with serious bodily injury is charged as a misdemeanor, it carries no mandatory minimum and up to 2 1/2 years in the house of correction. As a Massachusetts OUI criminal defense lawyer, I prefer to negotiate with prosecutors whenever possible to reduce a felony OUI with bodily injury charge to the misdemeanor version. This eliminates the mandatory minimum sentencing requirement, giving the judge discretion to sentence the client to no time at all, if appropriate. It also allows the client, if convicted, to avoid having a felony on his or her record, which preserves civil rights like voting and helps in job hunts. However, this isn't to say that a guilty plea is necessary or even typical with either type of OUI with serious bodily injury charge. When the facts are right, I can and will fight this charge in a court of law.

Continue reading "Victim Forgives Driver Sentenced for OUI With Serious Bodily Injury " »

A man was charged with driving drunk for a third time after witnesses saw his car get stuck on train tracks, then drive off on the wrong side of the road. Tests showed that Donald K. Seiffert, 40, had a blood-alcohol concentration of 0.30 or 0.29 shortly after he was pulled over on suspicion of OUI. A witness told police that Seiffert, an editor at The Enterprise of Brockton, drove onto train tracks in his home town of Braintree with a young child in the back. (Police later found that this was his six-year-old son.) As the witness watched, Seiffert shifted from drive to reverse for about five minutes before freeing the vehicle.

He proceeded down the wrong side of the road and was stopped by an officer, who said the car weaved into oncoming traffic several times before stopping. Seiffert claimed he had not been drinking, but didn't know where he was. He looked in several places, including his mobile phone, when asked for his driver's license, and produced an emissions test result when asked for his registration. The officer found a half-empty liter vodka bottle in the front seat. Seiffert has pleaded not guilty to charges of third-offense OUI, child endangerment and leaving a marked lane. The boy was released to his mother.

Read article: Police: Man arraigned for drunk driving with child in car

I hope this man gets help from a Massachusetts OUI criminal defense attorney as early as possible, because the charges he's facing are very serious. A third drunk driving offense is a felony in Massachusetts, and it comes with a mandatory sentence of at least 150 days (five months) in jail, up to a maximum of five years in prison. Drivers convicted will also lose their licenses for eight years, with no hardship license available for four years. The fact that his son was in the car means Seiffert also faces a sentence enhancement for OUI with child endangerment. When a minor age 14 or younger was in the vehicle, drivers charged with OUI face an additional year of license suspension and a mandatory 90 days in jail. A conviction can also seriously damage the driver's case in any child custody dispute. With so much at stake, drivers need the help of a Massachusetts intoxicated driving defense lawyer to minimize the negative effects on their families, jobs and lives.

Continue reading "Braintree Man Charged With Third OUI and Endangerment of Child in Car" »

One young man from Norwell is dead and another faces prison after a bad drunk driving accident, the Quincy Patriot Ledger reported March 9. Ryan O'Donnell, 18, was killed in a rollover crash in Norwell March 7. He was a passenger in a vehicle driven by a friend and former classmate, William Ecclestone, also 18 and from Norwell. Ecclestone is accused of being intoxicated when he drove his car into a tree, causing it to roll over. Ecclestone suffered minor injuries and was able to leave the vehicle on his own, but O'Donnell died at the hospital of his injuries. Police say Ecclestone showed signs of intoxication and failed a sobriety test. He is charged with motor vehicle manslaughter, vehicular homicide by negligent driving, OUI, reckless driving, speeding and leaving a marked lane.

This terrible accident caught my attention, as a Massachusetts intoxicated driving defense attorney, because the crash was very serious, but also because the young men were friends who had graduated from the same small, close-knit high school. I was interested to see a related opinion piece written by another 2009 graduate of Norwell High School, Nicholas Russo, who is now at Lyndon State College in Vermont. Russo said the high school had staged a mock crash when they were seniors, which was "a carbon copy" of the one that took O'Donnell's life. The students watched as firefighters worked to free students from the mock crash and took one away in a body bag, while the student's father watched. Afterward, he said, students swore to an adviser that they couldn't imagine driving drunk after seeing that.

Russo suspected at the time that this was not true -- and less than a year later, he has some evidence that he was right. Too many people think it can't happen to them, he wrote. He ended the article by asking readers to remember that there are permanent consequences to driving drunk.

As a Massachusetts OUI criminal defense lawyer, I'm afraid Russo is probably right. It doesn't take a scientist to realize that people won't stop doing something just because they know it's not safe -- for example, smoking. But there's a second side to these mock crashes that students don't see much of, and that's the fact that drunk driving is a crime. Police officers may "arrest" the driver in the mock crash at the scene, but it's difficult to drive home the seriousness of the consequences that driver would face. To do that, you have to think about the driver's experience as he or she moves through the criminal justice system.

In the crash that killed O'Donnell, Ecclestone is facing multiple charges. A charge of felony motor vehicle homicide carries up to 15 years in prison, with a mandatory minimum of 1 year. A charge of vehicular manslaughter with OUI, which is less common, carries a mandatory minimum of five years and up to 20. A conviction may also mean driver's license revocation for life. His future plans may grind to a halt at the age of 18. All of this is on top of living with the knowledge that his actions are responsible for his friend's death. If you're facing charges this serious, you need to speak to an experienced Massachusetts drunk driving defense lawyer right away.

Continue reading "Mock Accidents Not Always Effective, Friend of Killed Teenager Writes" »

A man from Charlton was sent to prison Feb. 24 after receiving his seventh conviction for operating under the influence. Jason Wetteland, 40, was arrested most recently on Aug. 1, 2009, after an Amesbury police officer witnessed him nearly causing a crash on Route 110. The officer immediately pulled him over, and Wetteland allegedly admitted he was drunk. He was holding a bottle of blackberry brandy between his legs and had at least eight cans out of a 12-pack of beer in the vehicle. Nonetheless, Wetteland refused to take a blood-alcohol concentration test. He pleaded guilty to a fifth or subsequent OUI; driving after license suspension, subsequent offense; and negligent driving.

For the OUI conviction, Wetteland was sentenced to up to five years in prison and eight years of probation, plus fines. He also lost his license to drive and was sentenced to time served for driving with a suspended license. As conditions of his probation, he will be required to attend alcohol classes; stay away from drugs and alcohol; submit to random tests; and will not be allowed to drive. His prior convictions for operating under the influence took place in 1988, 1990, 1991, 1991 again, 1999 and 2001, in Dudley, Worcester and East Brookfield courts.

Read article: Chronic DUI offender heads to state prison

Drivers like this do not represent the bulk of my clients as a Massachusetts OUI criminal defense attorney. Studies show that the majority of first-time drunk driving defendants do not commit another drunk driving offense -- they learn from their mistake and move on. However, a minority are chronic drunk drivers, who may have a problem with alcohol that can't be solved by a 12-month license suspension. The harsh penalties they face are not aimed at first-time drunk drivers, but a look at those penalties shows how important it is to defend yourself from a first OUI, so that subsequent-offense penalties are not available to prosecutors.

A first offender in Massachusetts is likely to get probation rather than jail time (although jail time is an option), fines and fees and a license suspension of one year, with a hardship license available after three months. Alternative disposition (the 24D program) is also available for first offenders, which allows them lower fines, a shorter license suspension and no possibility of jail. These penalties get harsher with each subsequent offense. A fifth or subsequent offense like Wetteland's carries mandatory prison time of at least two years, and up to five; steep fees; and the lifetime loss of a driver's license. This is why people charged with a first OUI should, whenever possible, get help from an experienced Massachusetts drunk driving defense lawyer -- so they can keep that first OUI off their records. In the best cases, this allows them to learn from their mistakes without the need for life-altering penalties.

Continue reading "Salem Court Sentences Chronic Drunk Driver to Five Years in Prison" »

A driver from Everett faces criminal charges after crashing his van into a Red Line train in Cambridge early on Feb. 19. Jefferson Mondesir, 30, is accused of being intoxicated when he drove through a metal fence and into a commuter train around 12:30 a.m. Authorities say Mondesir was probably coming from Memorial Drive in Cambridge onto the Longfellow Bridge, which connects Boston and Cambridge over the Charles River. However, the Boston Globe reported, Mondesir lost control and went from the road part of the bridge into the railroad's right-of-way.

No one was hurt, but all 50 passengers on the train were evacuated and escorted to the Charles/MGH train station. There, they and three other trains' worth of passengers had to take buses, because the crash took out the rail's electrical systems. MBTA crews worked steadily until 4:45 a.m. Feb. 19 to restore power in time for the trains' daily start at 5 a.m. Mondesir was arraigned the same day on charges of operating under the influence, reckless operation, failure to yield or stop and failure to drive in marked lanes.

Read article: Man crashes vehicle into Red Line train

As a Massachusetts drunk driving criminal defense attorney, I'd like to know what evidence there is against Mondesir. The article doesn't mention a test of his blood-alcohol concentration, but this is an essential piece of evidence in any OUI case. If there is no test, prosecutors can still charge him with operating under the influence, but they will have to prove that he was under the influence of alcohol or drugs at the time -- which may not be easy to do. If there is a BAC test, any attorney Mondesir hires should scrutinize it carefully for technical problems or police mistakes with testing procedure and civil rights. In many cases, a mistake by officers administering the test can taint the evidence so badly that it can't hold up in court. If that happens, an experienced Massachusetts OUI defense lawyer should immediately ask to have the tainted evidence thrown out of court, weakening the case against the driver. This may be especially important in this case, which may be locally famous because of the Red Line's involvement.

Continue reading "Everett Man Arrested for OUI After Crashing Van Into Commuter Train" »