Articles Posted in OUI Serious Bodily Injury

Published on:

Last week police in West Tisbury, Massachusetts responded to a motor vehicle crash scene after receiving information that there was an accident with serious injuries. They arrived to find Jena Pothier pinned to the front passenger seat wearing a seatbelt. The suspected driver, Kelly McCarron was found lying in the road having been ejected from the car. Police stated that speed and alcohol were factors in the crash. Witnesses to the crash said that McCarron was operating at a high rate of speed and attempting to pass a car in front of her despite a car in the oncoming lane. Pothier had just completed her first year of college. McCarron had just graduated from Martha’s Vineyard High School. McCarron has been charged with several motor vehicle infractions and crimes, the most serious being DUI, Negligent Operation of a Motor Vehicle, Motor Vehicle Homicide OUI and OUI with Serious Bodily Injury. Police have not ruled other charges out of the realm of possibility.

Read Article:

Motor Vehicle Homicide, OUI Charges For Cape Cod Woman Who Killed Friend In Accident

Anytime there is a motor vehicle accident involving alcohol in Massachusetts and someone is killed you can bet that serious criminal charges will issue. In cases such as this one there are two important aspects to the district attorney’s investigation that will dictate how this case is prosecuted. The first is the manner of operation of the vehicle being driven by the defendant. The more egregious this activity the more severe the charges. Police in this case have left open the possibility of additional charges against McCarron. One of these could be OUI Manslaughter. That crime would require a minimum mandatory five year state prison sentence. The statute authorizes a twenty year state prison sentence. The second component guiding how this case will be charged is the defendant’s blood alcohol level at the time of operation. Whenever someone suspected of drunk driving is hospitalized as a result of injuries medical personnel will take a blood test. A toxicology screen will be performed determining the level of alcohol in the person’s system at the time of the test. This case be challenged depending on the time and manner of testing. This is discussed some of my in other blog posts dealing with the proper method of blood testing for the presence of alcohol and extrapolation of the reading. If the alcohol level was high and the manner of operation was extreme you might see additional charges issue.

Continue reading →

Published on:

Jesse Marquardt was competing in a triathlon this past Sunday in Marlborough, Massachusetts. At around 9:00 a.m. during the running leg of the event he was struck by a car driven by Richard Dwyer, a 62 year old Marlborough man. According to witness accounts, Dwyer’s car swerved into Marquardt causing him to flip over the vehicle and hit the pavement. Dwyer continued to drive and was apprehended by police about one mile away. Marquardt was taken to a local hospital where he was treated for sever injuries and ultimately released. Dwyer was charged with OUI drugs, negligent operation of a motor vehicle, leaving the scene of an accident and OUI with serious bodily injury. The case is pending in the Marlborough District Court.

Read Article:

Massachusetts Man Charged With DUI Drugs After Hitting Triathlete

Here is the interesting part of this case. Dwyer has been charged with OUI Drugs even though “the type of drugs is yet to be determined”. What exactly does this mean? If he did not submit to a blood test there is no way to ascertain with any degree of legal certainty that he was under the influence of drugs. Rather it appears that this is pure speculation on the part of law enforcement. If he did submit to a blood test then a toxicology screen will determine if in fact drugs were in his system. This still does not mean that he was under the influence of those substances. In situations like this it is advisable to engage a toxicologist to assist in the preparation of the defense. A good toxicologist will be able to explain to a jury how these substances affect certain individuals and how the symptoms of intoxication manifest themselves. They will also be able to tell a jury how long certain substances remain in the system and whether the substance was causing impairment at the time of operation.

Dwyer’s bigger problem seems to be the crime of leaving the scene. Leaving the scene of an accident with personal injury in Massachusetts is punishable by a sentence of between six months and two years. These charges are taking quite seriously in Massachusetts. The law requires a driver to stop in situations such as this and a failure to do so will almost always result in a prosecution.

Continue reading →

Published on:

Saturday night was supposed to be a night that would provide a lifetime of enjoyable memories and stories for the teenagers going to the Saugus, Massachusetts senior prom. Jonathan Caruso was one of the students attending. He apparently went to the prom and with other students was bused to a Boston Harbor cruise, a tradition at Saugus High School. Students were checked for alcohol and given breath tests before the prom and the cruise. They were bused back to the high school where they returned at 4:00 a.m. Caruso then left with two other students. However, at 7:30 a.m. tragedy struck when the car Caruso was driving swerved onto a sidewalk near Essex Street and Grove Street, hit a street sign, telephone pole and bush and struck and killed Carol Marean and severely injured her daughter. Now, Jonathan Caruso stands charged with motor vehicle homicide, OUI and a minor transporting alcohol. The case is currently pending in the Lynn District Court.

Related Articles:

Massachusetts Teenager Facing DUI Homicide Charges

Prom Night Disaster For Massachusetts Man Results In Motor Vehicle Homicide OUI Charges

Motor Vehicle Homicide in Massachusetts can be charged as either a felony or a misdemeanor. The felony version of this crime carries a fifteen year maximum state prison sentence. The misdemeanor motor vehicle homicide aspect of the statute makes the maximum sentence two and one half years in the house of correction. It is not yet clear how the district attorney in this case has charged Jonathan Caruso. One thing that you can be sure of however is that the prosecution will be looking for him to serve some sort of sentence involving incarceration if he is convicted of this crime. That request is routine in Massachusetts where someone is killed as a result of a drunk driver. The critical issues in this case will likely be the amount of alcohol consumed by Caruso, the hours during which it was consumed and the manner in which he was operating at the time of the crash.

Continue reading →

Published on:

Alex Lambino of Somerville, Massachusetts got into an accident at 5:40 a.m. Saturday in Arlington, Massachusetts. According to reports she struck an unidentified pedestrian who is now in a Boston hospital in critical condition. The incident occurred at the intersection of Massachusetts Avenue and Teel Street. Police documents state that Lambino was driving under the influence of alcohol at the time of the accident. She has been charged with OUI with serious bodily injury, and negligent operation of a motor vehicle. The case is pending in the Cambridge District Court.

OUI Serious Bodily Injury, Negligent Operation Charges For Massachusetts Woman

DUI with serious bodily injury in Massachusetts can be charged as a misdemeanor or a felony. The felony version of this crime carries a ten year state prison sentence. There is a minimum mandatory six month house of correction associated with this crime. The misdemeanor aspect of this statute carries a two and one half year maximum with no minimum mandatory. The article states that Lambino is being charged with the felony. I imagine that this case will remain in the district court where her maximum exposure will be two and one half years in the house of correction. If however the victim dies or has sustained some sort of permanent disabling injury it would not surprise me to see this case prosecuted in the Superior Court.

Continue reading →

Published on:

On April 9, 2009 Matthew Markham was driving on High Street with his friend Sean Whalen and Erik Joudrey. While engaged in a conversation with one of his passengers Markham missed a turn in the road and hit two trees. Whalen was taken by ambulance to a local hospital where he died shortly after his arrival. Markham and Joudrey were also treated for injuries. Police reports indicate that all three were drinking earlier in the evening and that speed was a factor in the crash. This past Friday Markham was arrested on charges of motor vehicle homicide while OUI and OUI with serious bodily injury. Right now charges are pending in the Milford District Court.

21 Year Old Massachusetts Man Charged With Motor Vehicle Homicide

Massachusetts General Laws Chapter 90 Section 24G establishes the crime of motor vehicle homicide in Massachusetts. This law allows the district attorney to charge this crime as a misdemeanor or a felony depending on the facts of the case. The felony version of this law permits a sentence of up to fifteen years in state prison and has a one year mandatory minimum sentence. The misdemeanor version of this crime has a maximum two and one half year house of correction sentence and a thirty day minimum. The district court has jurisdiction over both felony and misdemeanor motor vehicle homicide cases however no one can be sentenced for more than two and one half years if this case is prosecuted in the district court.

The article does not clarify under which section Markham has been charged. You always hope that the prosecution is fair in the manner in which it charges crimes in Massachusetts. There is a fine line between felony motor vehicle homicide OUI and misdemeanor motor vehicle homicide OUI. If the felony is charged good lawyers can often convince judges or a jury that the defendant is not guilty of this crime but rather a lesser crime, the misdemeanor. If successful the judge then has more flexibility in his or her choice of sentence.

Continue reading →

Published on:

Ryan Woolley used to play baseball for the Brewster Whitecaps in the Cape Cod League in Brewster, Massachusetts. On June 15, 2008 he was watching the College World Series with some teammates. He had several drinks and decided to leave the home where he was drinking. A teammate who tried to stop him was struck by his vehicle and dragged for several feet. The teammate was seriously injured but luckily has recovered. Woolley blew over a .08 on the breathalyzer test. Woolley pleaded guilty to OUI and other motor vehicle related charges and was given a six month suspended sentence.

Cape Cod League Baseball Player Sentenced For June OUI

The article also disclosed that Woolley was charged with OUI causing serious bodily injury but that that charge was dropped as a result of a plea bargain. Massachusetts General Laws Chapter 90 Section 24L makes it a separate crime for anyone who causes serious bodily injury to someone while operating under the influence. If convicted of this crime there is a maximum penalty of 2 1/2 years in the house of correction. The overall result was good for Woolley. Massachusetts judges and district attorneys are extremely tough on OUI cases that involve property damage or personal injury. Woolley could have gone to jail and was spared that plight due to having a good lawyer and a fair minded judge and prosecutor.

Continue reading →