Articles Posted in Child Endangerment OUI

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Jane Doe 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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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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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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Around 8:00 p.m. this past Sunday a cell phone caller told police that she observed a man, appearing to be drunk, getting into a car with a baby. Police responded to the call and located the defendant, 26 year old Paul Shaughnessy exiting a store and getting into his car not far from the place where he was initially observed by the caller. Police detected a strong odor of alcohol and asked Shaughnessy to take field sobriety tests. He refused. Police then noticed a child under the age of one in the back of the pickup truck Shaughnessy was driving. The child was not buckled. Shaughnessy was arrested for OUI and child endangerment while OUI. The case is pending in the Plymouth District Court.

Read Article: Man Arrested, Charged With DUI Had Child In His Car

The OUI Child Endangerment law in Massachusetts is set out under Massachusetts General Laws Chapter 90 Section 24V. The law states that anyone who is guilty of OUI in Massachusetts and has in his car a child fourteen years old or younger shall be sentenced to at least ninety days in jail and for up to two and one half years in jail. The penalty for second and subsequent offenders is much more severe and the crime then would be a felony rather than a misdemeanor.

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