Massachusetts DUI Lawyer Blog

State Senator Anthony Galluccio is headed to jail, the Boston Herald reported Jan. 4. Galluccio, a Democrat elected to represent Cambridge will serve a year in jail in connection with an Oct. 4 hit-and-run accident he admits to causing. That crash caused only minor injuries to a father and teenaged son, but Galluccio left the scene. He did not turn himself in until the next day, making it impossible to test him for alcohol, but he has two past OUIs (one pardoned) and a past accident. When Galluccio was sentenced for the hit-and-run, Judge Matthew Nestor gave him six months of home confinement with exceptions for Senate votes and church, on the condition that he not drink and submit to random alcohol testing. His driver's license was also revoked for five years.

That sentence was handed down Dec. 18. On Dec. 21, a probation department employee came to install an alcohol-testing device called a Sobrietor in Galluccio's home. Right after installation, the device detected alcohol on Galluccio's breath. The senator said he hadn't had any alcohol and suggested that sorbitol, an artificial sweeter in toothpaste, may have been the culprit. Despite testimony from an expert witness, Nestor said he believed Galluccio had been drinking. He revoked Galluccio's probation and sent him to jail for a year. Senate President Therese Murray issued a statement suggesting that Galluccio will lose his job if he does not resign.

Read article: Embattled Galluccio gets 1 year in jail

Galluccio's suggestion that toothpaste may have set off the Sobrietor is attracting ridicule in some circles. The Boston Herald even went so far as to test the theory, using a home breathalyzer kit. But Massachusetts OUI criminal defense lawyers already know that toothpaste, mouthwash and other alcohol-containing substances can give a false positive on a breathalyzer test, even though the person may in fact be sober. As the Herald's test shows, taking a reading directly after brushing your teeth, sipping a beer, belching or more can produce high readings, which fall off dramatically in a few minutes. This is because of residual alcohol in the mouth. Breathalyzers are supposed to work by testing the alcohol in the air expelled from the person's lungs, then using an equation to calculate BAC. Using the same equation for the much higher amount of mouth alcohol can produce a very high but temporary reading.

This is why law enforcement officers are supposed to observe the driver for 15 minutes before administering a breathalyzer -- to ensure that enough time has passed since the last drink to avoid a false positive. Failure to do this, or to follow several other procedures, can make the evidence tainted or suspect. When this is the case, an experienced Massachusetts drunk driving defense attorney will ask the judge to leave that evidence out of the case entirely. In effect, this substantially weakens the prosecution's case, because without a BAC reading, it is much more difficult to prove that the defendant operated a motor vehicle while intoxicated.

Continue reading "Galluccio Sentenced to One Year in Jail for Failing Home Confinement Alcohol Test" »

A North Reading man was arrested for operating under the influence on the day after his driver's license was returned to him, the Salem News reported Dec. 8. James Malone had lost his license for six months because of a previous OUI conviction from Woburn. He was driving from Peabody into Salem Dec. 4 when another driver called the police to report erratic driving. Responding officers saw Malone run a stop sign and pulled him over. According to police, he tried 20 times to open the door but failed, and instead rolled down the window. Officers noticed several other signs of intoxication, and Malone failed field sobriety tests. While attempting to perform them, he reportedly urinated on himself. Two breath tests registered 0.20 and 0.21 BAC readings, far over the legal limit of 0.08. Officers seized and destroyed his license at the station and charged him with a third-offense OUI as well as failure to stop for the stop sign.

Read article: Suspect back on road for one day

Under these circumstances, I'm glad that Malone already has a Massachusetts drunk driving defense lawyer. In fact, the article suggests charges from Malone's previous offense in Woburn are still pending. This means a third OUI charge may not be legally appropriate, although the previous charge is likely to be resolved before Malone faces trial on the most recent charge. A third drunk driving offense is a serious crime charged as a felony in Massachusetts, not a misdemeanor like earlier OUIs, so Malone would be facing a felony conviction if he loses his case. Third offenses also carry mandatory jail or prison time, an eight-year driver's license suspension and fines of up to $15,000. And under Melanie's Law, Malone would be eligible for an ignition interlock device if he gets a hardship license, for which he would be eligible after four years.

Because these penalties are so serious, it's important for people facing them to make sure they have the best possible defenses ready. Even drivers who feel a guilty plea is more appropriate can benefit from the help of an experienced Massachusetts OUI criminal defense attorney, who can negotiate for the fairest possible penalties in exchange for the plea.

Continue reading "Man Nets Third Drunk Driving Charge in Salem on Day After License Reinstated" »

A head-on accident hospitalized an elderly woman and left a former Weston police chief facing his third drunk driving charge. The MetroWest Daily News reported Dec. 1 that James McShane was charged with causing an accident Nov. 14 that left three members of the same family injured. John Aftandlian of Belmont said he was driving down Route 30 to visit family with his 82-year-old mother, Stella, and 13-year-old daughter, Lia, when McShane crossed the center line and hit their vehicle head-on. The crash left John and Lia Aftandlian with only minor injuries, but broke Stella Aftandlian's arm, hand and tailbone and caused internal bleeding. She spent a week in the hospital.

McShane was arrested Nov. 14, arraigned and released without bail. The article did not mention his plea, but did say he will be back in court Dec. 28. The charge is his third OUI. He was chief of police in Weston between 1986 and 1996, but resigned from that post after crashing an unmarked police car into a pole in 1995. That crash, which took place off-duty, resulted in McShane's first drunk driving charge.

Read article: Former Weston Police chief faces third OUI offense

As a Massachusetts drunk driving defense attorney, I hope McShane has already gotten the advice of an experienced criminal lawyer. In our state, a third OUI raises the stakes considerably, starting with the fact that a third OUI is a felony rather than a misdemeanor. Those convicted of a third intoxicated driving offense can expect at least five months in prison, and up to five years, along with an eight-year license suspension and steep fines. Nobody should face these life-altering penalties without support. Depending on the circumstances, an experienced attorney may be able to find many avenues of defense, including challenges to the evidence itself or its handling by law enforcement. Even if a guilty plea is truly the best option, an experienced Massachusetts OUI defense lawyer may still be able to negotiate lighter, fairer penalties that better reflect the circumstances behind the arrest.

Continue reading "Former Police Chief Charged With Third OUI After Injury Accident in Weston" »

A newly released police report shows that state Senator Anthony Galluccio (D-Cambridge) may have been too drunk to drive in the early morning hours of the day he hit a family's minivan and left the scene. The Boston Herald reported Nov. 17 that a gas station employee called the Cambridge police at around 4:40 a.m. on Oct. 4 to report a customer who was allegedly too drunk to drive. When police arrived, they found Galluccio with a friend who said he was trying to take Galluccio home, but couldn't find his residence. Officers drove Galluccio home and helped him inside, but because there was no evidence that Galluccio was trying to drive, they did not charge him with any crime or file a police report.

In the evening of the same day, however, Galluccio hit a family's vehicle and drove away without stopping. He came forward to take responsibility the next day, saying he panicked at the scene. He is not accused of drunk driving in that incident, but his two past OUIs and an accident in 2005 have led to speculation that he could have been intoxicated. As part of the investigation into the hit-and-run, the Cambridge police filed a report Oct. 29 on the escort they provided early on Oct. 4. Galluccio will be back in court Nov. 20 on the hit-and-run charge. The Cambridge police say the officers involved in the escort did nothing wrong, and that no police report is necessary in incidents resulting in no criminal charge. However, Massachusetts state Senate President Therese Murray has reportedly told Galluccio to get a driver.

Read articles: Cops: By the way, we gave Galluccio a lift; Galluccio, 'too intoxicated to drive,' driven home by Cambridge police day of hit-and-run

This new information has caused a small firestorm in Cambridge, creating speculation about Galluccio's relationship with alcohol and second-guessing of the police department's actions and policies. But as a Massachusetts drunk driving defense attorney, I'd like to point out that none of this new information implicates Galluccio for operating under the influence of alcohol. He may well have been drunk on the morning of Oct. 4, but as the Cambridge police pointed out, he was not observed trying to drive. The hit-and-run accident, in which he was clearly driving, happened about 13 hours later -- more than enough time to sober up. As scientists say, correlation is not causation. If an investigation turns up new information showing that Galluccio was intoxicated at the time of the hit-and-run, OUI charges might be appropriate. But at the moment, any experienced Massachusetts OUI defense lawyer could defeat an OUI charge stemming from the events of Oct. 4.

Continue reading "Police Report Reveals Galluccio Was Intoxicated Morning Before Hit-and-Run" »

A 26-year-old Groveland, Massachusetts man was arrested on multiple charges after leading police agencies on a car chase in northeastern Massachusetts, the Georgetown Record reported Sept. 22. Scott Berube already had two outstanding warrants for operating under the influence of liquor, which the newspaper said were second and third offenses. Earlier on the day of the chase, he was also allegedly involved in a hit-and-run accident. Around 10 p.m., a police officer spotted Berube at a Haverhill, Massachusetts gas station, gave chase and called for backup.

Once backup arrived, the officers tried to stop Berube by positioning their vehicles on either side of his. However, Berube drove directly at both officers, forcing them to jump out of the way. All in all, he drove through at least four towns before Georgetown, Massachusetts police were able to stop his vehicle with a device that punctured his tires. Berube fled on foot, leaving a passenger behind, but was caught with the help of a helicopter and K-9 unit. Police found several controlled substances in the crashed vehicle, including marijuana, Xanax, Percocet and acetaminophen with codeine. Both Berube and his passenger were charged with possession of those substances, with intent to distribute the marijuana and Xanax. Berube was also charged with DUI drugs, failure to stop for police, driving without a license and assaulting a police officer, among other charges, and the two outstanding warrants.

Read article: Police arrest man after multi-town chase that ends in Georgetown

Second and third OUI charges may sound scary, but a smart, experienced Massachusetts DUI defense lawyer can find multiple avenues of defense, depending on the circumstances of the case. For example, a charge of OUI drugs may be dropped if the defendant can show that he was not actually impaired, regardless of whether he took any drugs. But because Berube did not handle the earlier charges against him, he ended up fleeing the police and receiving a significant number of new charges. Now he will almost certainly need a good Massachusetts intoxicated driving lawyer to help sort through this tangle of charges and minimize the damage to his life and his family.

Continue reading "Groveland Man Arrested for Intoxicated Driving After Multi-Town Police Chase Ending in Georgetown" »

On June 27th of this year Roger Kerkmann was driving his 1999 car in Littleton, Massachusetts. At around 11:30 p.m. he went through a stop sign, right in front of a police officer. The officer pulled him over. The officer asked Kerkmann to role down his window or open his door. He did not claiming that he could not. The officer went to the passenger side, opened the door and immediately smelled a strong odor of alcohol. Kerkmann supposedly failed certain field sobriety tests, had glassy eyes and slurred speech. He was charged with OUI. When officers learned that Kerkmann had been convicted of OUI in 1986 and 1999 charges of OUI, 3rd offense issued. The case is now pending in the Ayer District Court.

Read Article:

3rd Offense OUI Charges Brought Against Massachusetts Man In Ayer District Court

If you get convicted of a 3rd Offense OUI in Massachusetts you will be sentenced to a minimum one hundred fifty days in the house of correction. You are facing steep fines and an eight year loss of license. A hardship license can be granted after four years. The strengths of the prosecution's case here are as follows: running the stop sign, the strong odor of alcohol, glassy eyes, the slurred speech and the failed field sobriety tests. The weaknesses are the absence of a breathalyzer test, arguably the only objective measuring device in OUI cases. Subjective findings such as those referenced in this article are easy to attack. For instance, how does the officer know what the defendant's eyes are like normally or how he speaks, with or without alcohol. Field sobriety tests are not easy to take in pressured situations such as this, i.e. at night with the officer's lights in your face, on the side of a road with passing traffic and after essentially being accused of operating while impaired. A good criminal defense laywer will be able to convince a jury of this fact and get it to understand that the officer's observations might not be indicative in OUI. Trying OUI cases in Massachusetts are much easier in cases where there is no breathalyzer reading.

Continue reading "Groton Massachusetts Man Arraigned On OUI 3rd In Ayer District Court" »

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" »