Massachusetts DUI Lawyer Blog
A driver from Everett faces criminal charges after crashing his van into a Red Line train in Cambridge early on Feb. 19. Jefferson Mondesir, 30, is accused of being intoxicated when he drove through a metal fence and into a commuter train around 12:30 a.m. Authorities say Mondesir was probably coming from Memorial Drive in Cambridge onto the Longfellow Bridge, which connects Boston and Cambridge over the Charles River. However, the Boston Globe reported, Mondesir lost control and went from the road part of the bridge into the railroad’s right-of-way.
No one was hurt, but all 50 passengers on the train were evacuated and escorted to the Charles/MGH train station. There, they and three other trains’ worth of passengers had to take buses, because the crash took out the rail’s electrical systems. MBTA crews worked steadily until 4:45 a.m. Feb. 19 to restore power in time for the trains’ daily start at 5 a.m. Mondesir was arraigned the same day on charges of operating under the influence, reckless operation, failure to yield or stop and failure to drive in marked lanes.
Read article: Man crashes vehicle into Red Line train
As a Massachusetts drunk driving criminal defense attorney, I’d like to know what evidence there is against Mondesir. The article doesn’t mention a test of his blood-alcohol concentration, but this is an essential piece of evidence in any OUI case. If there is no test, prosecutors can still charge him with operating under the influence, but they will have to prove that he was under the influence of alcohol or drugs at the time — which may not be easy to do. If there is a BAC test, any attorney Mondesir hires should scrutinize it carefully for technical problems or police mistakes with testing procedure and civil rights. In many cases, a mistake by officers administering the test can taint the evidence so badly that it can’t hold up in court. If that happens, an experienced Massachusetts OUI defense lawyer should immediately ask to have the tainted evidence thrown out of court, weakening the case against the driver. This may be especially important in this case, which may be locally famous because of the Red Line’s involvement.
If you’re facing intoxicated driving charges in Massachusetts, you should call the Law Offices of Stephen Neyman right away. From an office in downtown Boston, our firm represents defends throughout eastern Massachusetts from OUI and related charges, including RMV license suspension cases. To learn more or set up a consultaiton, please call (617) 263-6800 or contact us through the Internet.