Massachusetts DUI Lawyer Blog

August 8, 2011, when the stocks plunged dramatically, marked the most severe decline since the fall of 2008. Economists discussed the possibility of yet another recession, which would hurt even worse because of the nation's weak starting point, CNNMoney reported on August 10, 2011. Readers may be asking what relevance this has to Massachusetts OUI/DUI/drunk driving cases, and the answer is in the following: While drunk drivers come from every walk of life, studies also show that, in addition to various other factors, drunk drivers are more likely to be unemployed (or working class). This post will touch upon the relationship between unemployment and problem drinking and the ramifications for Massachusetts operating under the influence cases.

Certain theories of alcoholism and problem drinking focus on stress levels and socio-environmental factors. Under such theories, drinking problems develop as mechanisms for coping with stressful circumstances, such as unemployment and financial strain. Researchers have had difficulty, however, in determining the causal relationship between unemployment and alcohol abuse. In other words, it seems to be unclear whether unemployment leads to alcohol abuse or whether alcohol abuse leads to unemployment. If the former is more accurate and unemployment creates an increase in problem drinking, then we would expect to see more Massachusetts OUI arrests and prosecutions if we are to be thrown into another financial crisis.

Massachusetts drunk-driving arrests have decreased in the past five years, the Boston Herald reported on July 20, 2011. However, that article indicated that last year there were 14,834 OUI arrests, down from 17,804 OUI arrests in 2008 and 15,850 in 2006. This is worth noting because 2008 was the height of the economic recession, and according to these statistics, it was also a high point in OUI arrests. Obviously, on the other hand, that there were more arrests does not necessarily mean that there was more drunk driving in 2008. For instance, it could mean that there were simply more police patrols for drunk driving.

As mentioned above, it is possible that unemployment may be a cause of "problem drinking." This raises another important OUI issue. It is known that a large majority of repeat OUI offenders are "problem drinkers." Here in Massachusetts, repeat OUI/DUI/DWI/drunk driving offenders are subject to mandatory minimum sentences, and judges are forced to take a broad-brush approach without consideration of the defendant's situation or individual traits. Anyone facing a mandatory minimum sentence should be aware that the quality of one's defense attorney will be critical.

While the link between financial crises and OUI arrests and prosecutions may be tenuous, it is always important to consider the effects of the current economic, social and political backdrop. This is largely because developments in all areas of the law, including OUI/DUI/DWI law, do not happen in a vacuum and because courts, police, prosecutors, and lawmakers all tend to take the temperature of the day.

Continue reading "There Is A Nexus Between OUI Charges In Massachusetts And A Down Economy" »

Just over a month after the high profile acquittal of Casey Anthony, Caylee Anthony's grandparents and crowds of others memorialized what would have been the toddler's birthday, CBS reported on August 10, 2011. The tribute to the child's short life seems to have spurred renewed interest in "Caylee's Law," a proposed bill that would make a parents' failure to report a child missing or dead within 24 hours or 1 hour, respectively, a felony. The widespread support for "Caylee's Law" should prompt consideration of reactive legislation named after children who have suffered tragic deaths, such as Massachusetts' own "Melanie's Law," which was passed in 2005 to enhance punishments for Massachusetts OUI/DUI/drunk driving offenders.

"Melanie's Law" was named after Melanie Powell, a 13-year-old who, while walking to a beach in Marshfield, was killed by a drunk driver. The driver, who had a prior OUI conviction, was convicted of motor vehicle homicide and drunk driving. She was sentenced to 2 ½ years in state prison and two years of post-release probation. Melanie's parents and grandfather then started a push for tougher drunk driving legislation. "Melanie's Law," which came in the wake of public anger , was the result.

Laws fueled by public outcry and named after deceased children tend to be counterproductive and poorly-reasoned. Too often, consideration of the policy behind such laws is lacking at best. These kinds of laws are frequently designed to appease an outraged public , and bad knee-jerk laws are passed in an emotional haze. Still, some legislators use these "tough" laws as a tool to garner support and win votes. Attaching the name of a child victim to proposed legislation is another powerful tool for legislators championing such laws. This tactic creates the perception that a vote against the law is a vote against the child, curbing opposition.

There are several examples of laws named after young victims, particularly in the area of sex crimes. The Jacob Wetterling Act, the Adam Walsh Act, and Dru's Law are just a few of the many. While most would agree that prevention of sex crimes is an important goal, many have criticized these laws because they do not do much in terms of achieving that purpose. Perhaps the most common criticism is that blanket sex offender registries make it difficult to differentiate between dangerous convicted criminals and those convicted of sex crimes in relatively inoffensive circumstances, such as a teenager who had consensual sex with his barely underage teenager girlfriend. One can draw parallels between this type of indiscriminate grouping and the way in which Melanie's Law strips the courts of discretion in certain cases and closes out consideration of the unique qualities of OUI defendants.

Continue reading "Another Look At The Motivation For Massachusetts' "Melanie's Law"" »