Last week Stacie Desper, an Attleboro, Massachusetts resident supposedly drove her car into another lane of travel and struck a tree head on. This happened at 11:45 in the morning. Along for the ride were her children, ages three and ten months. Luckily, everyone was okay. Police responded to the scene. Desper assented to taking a breathalyzer test. She blew a .26, over three times the legal limit in Massachusetts. She has been charged with OUI and OUI Child Endangerment in the Attleboro District Court. Bail was set at two thousand five hundred dollars.
Apparently this is a first offense DUI for Desper. As such, even though the Child Endangerment OUI statute is implicated it is unlikely that Desper will have to serve a jail sentence. Massachusetts General Laws Chapter 90 Section 24V makes operating with a blood alcohol level of .08 or higher with a child ages fourteen or younger in the car a misdemeanor punishable by up to two and one half years jail for first time offenders. If convicted of a second offense the punishment is a minimum mandatory six months in the house of correction. Second offenses are also felonies.
Our office routinely defends DUI cases in Massachusetts. Recently, under Melanie’s Law the enactment of the Child Endangerment OUI statute has created additional drunk driving litigation in Massachusetts. If you are charged with violating this statute it is important to hire an experienced DUI defense lawyer. The stakes are getting higher. Every time the Massachusetts legislature amends the DUI laws the penalties stiffen making it even more necessary that you hire the right lawyer. Call us now at 617-263-6800 to discuss your case or contact us online.