Massachusetts DUI Lawyer Blog

A young man was arraigned for Feb. 8 driving drunk in an accident that killed another man, WCVB Boston reported. Prosecutors say David Diaz, 23, was drunk and asleep at the wheel when he hit Lay Bou, 56, on Route 110 in Methuen. Bou was jogging facing oncoming traffic, as was his habit, when Diaz hit him around 8:30 a.m. Bou was taken to the hospital, where he was pronounced dead. Diaz also suffered minor injuries and was taken to the hospital. There, a blood test showed he had a BAC of 0.16, twice the legal limit. Prosecutors say Diaz told police he doesn't remember the crash, and accuse him of falling asleep at the wheel. According to the article, Diaz said he had left work around 3 a.m. and drank several beers at a friend's house.

At the arraignment, Diaz was charged with operating under the influence, felony motor vehicle homicide and failure to stay in his lane. He pleaded not guilty to all of the charges. The judge in the case ordered $10,000 bail, but said that if Diaz posts bail, conditions of his release include submitting to breathalyzer tests and giving up his passport.

Read article: Prosecutor: Drunken Driver Asleep At Wheel

If he has not already done so Diaz must retain the services of a Massachusetts OUI defense attorney, because these are serious allegations. If convicted, he faces up to 15 years in prison on the felony motor vehicle homicide charge, plus potential jail time for the OUI charge as well. Importantly, however, the prosecution cannot convict on this charge simply by showing that the defendant was driving drunk when the fatal accident happened. In order to obtain a felony conviction, prosecutors must also show that the defendant was operating recklessly or negligently. This can be tough, because a lot depends on the circumstances of the crash and how well they are documented. If prosecutors can't prove recklessness or negligence, they would have to reduce the charge down to misdemeanor motor vehicle homicide, which doesn't require a recklessness showing. That charge carries up to two and a half years in prison, substantially less than the maximum of 15 for the felony charge. An experienced Massachusetts drunk driving criminal defense lawyer may also be able to challenge the blood test in court, if its validity, accuracy or chain of custody are suspect.

Continue reading "Lawrence Man Pleads Not Guilty to Motor Vehicle Homicide and OUI" »

More than two years after a fatal accident, a Taunton man was acquitted of drunk driving but found guilty of vehicular homicide. According to a Nov. 2 article in the Taunton Daily Gazette, Edward Leonard, 36, faces up to 2 1/2 years in prison for his role in the accident that killed Jennifer Walker, 25, in March of 2007. Leonard was originally charged with operating under the influence of alcohol with serious bodily injury, OUI manslaughter and assault and battery with a dangerous weapon. However, after a five-day trial, the jury found him guilty only of vehicular homicide by negligence. That dropped his potential maximum sentence from about 15 years to 2 1/2 years. He will be sentenced Dec. 10.

Prosecutors said Leonard had been drinking on the night of the accident, and was driving behind a friend toward another bar when the accident happened. They were on Route 44 when Leonard's truck collided with a 1990 Oldsmobile driven by Richard Gould. The crash killed Walker, a passenger in Gould's car, and flipped over Leonard's truck. The prosecution and defense disagreed on whether Gould, Leonard or both veered into oncoming traffic, and whether Leonard was speeding. However, it was not disputed that Gould himself had a blood-alcohol concentration of 0.10. Police at the scene and a bystander said Leonard appeared intoxicated, and police found open beers in the truck. However, Leonard disobeyed police directions to remain on the scene, traveling with his friend to another friend's home in Providence. He turned himself in the next day.

Read article: Taunton man guilty of vehicular homicide, acquitted of manslaughter in 2007 fatal crash

As a Massachusetts OUI defense attorney, I believe this story is a great example of why drivers charged with OUI shouldn't assume they're guilty just because law enforcement says they are. It's not hard to imagine that Leonard might have felt hopeless at the beginning of his case. Not only did a young woman lose her life, but police accused Leonard of drinking, speeding and swerving into oncoming traffic, charges that could have put him in prison for more than a decade. Those accusations might seem pretty damning -- but as this case shows, more information can make a big difference in the outcome of a case. Leonard's Massachusetts drunk driving defense lawyer successfully challenged the police accident reconstruction with an expert of their own. And the lack of firm evidence that Leonard was drunk at the time was apparently enough to raise reasonable doubts -- the standard for a criminal conviction -- in the minds of the jurors. Cases like this show why it's so important to speak with an attorney before pleading guilty in any OUI case.

Continue reading "Jury Finds Taunton Man Found Guilty of Vehicular Homicide But Not OUI Manslaughter" »

A man from Attleboro is charged with OUI, motor vehicle homicide, OUI with serious bodily injury, speeding and negligent operation of a motor vehicle after a serious one-car crash in Bourne, the Boston Globe reported Oct. 19. Shawn Potrzuski, 32, is accused of killing his stepfather, 46-year-old Robert Coffey, and seriously injuring his mother, Karen Coffey, when he lost control of his Dodge Durango in a rotary, causing him to run off the road and into a tree. Potrzuski was treated at the scene for minor injuries. The family was reportedly coming home from a wedding. Police said both alcohol and speed were factors; Richard Coffey was not wearing a seat belt, but Karen Coffey was.

Read article: North Attleborough man dies, stepson faces charges in crash

The article doesn't note whether Potrzuski's breath or blood was tested or what other evidence law enforcement may have to support the OUI charge, making it difficult to speculate on how a Massachusetts OUI defense lawyer might defend him. But under the circumstances, the criminal charges may not be the most important thing on Potrzuski's mind. This crash killed Potrzuski's stepfather and seriously injured his mother, something that would greatly upset most people. While criminal charges may be legally appropriate, the outcome of the crash may be punishment enough in itself for many drivers.

If the evidence that Potrzuski was driving drunk is weak, incomplete or tainted, he may be able to fight the OUI-related charges on those grounds. (Of course, that is also true of the other charges.) But even if that evidence is strong, an experienced Massachusetts drunk driving defense attorney may be able to show a judge or jury enough doubt in the district attorney's case to get an acquittal for his client.

Continue reading "North Attleborough Man Charged in Crash That Killed Stepfather, Injured Mother" »

A 47-year-old mother was killed and her daughter and a friend were injured in a serious drunk driving accident in Plymouth, Massachusetts, the Patriot Ledger of Quincy reported Sept. 22. Timothy George of Brockton, Massachusetts was allegedly drunk and high on cocaine when he hit a vehicle driven by Elizabeth Oldrid. According to the article, police believe George was driving at 70 mph down Route 14 in Plymouth -- where the speed limit is 45 mph -- at around 8:30 p.m. Saturday night. He was seen passing other vehicles before swerving into oncoming traffic, where he hit Oldrid's vehicle, killing her at the scene. Her 17-year-old daughter, Alexandria Oldrid, was treated and released from a hospital. A 15-year-old friend, Savannah Alexander, was hospitalized in fair condition in Boston.

At the scene, officers said George, 32, smelled of alcohol and had glassy eyes and slurred speech. They found cocaine and a device for snorting cocaine in his possession. He was arrested and charged with two counts of negligent homicide by motor vehicle -- one for driving drunk and one for operating under the influence of drugs. His other charges include DUI with serious bodily injury; drug possession; speeding; and illegal passing. He was arraigned Sept. 21 and pleaded not guilty, then held on $20,000 bail.

Read article: Judge sets $20,000 bail for Brockton man accused in fatal Pembroke crash

My experience as a Massachusetts DUI defense attorney suggests that at least part of this case will be difficult to defend at trial. If the reports in the article are true, there are witnesses who can testify that George was speeding and passing -- and police found the cocaine in his possession. However, the DUI case, be it drugs or alcohol, might be harder to prove. In order to convict a driver of OUI drugs, the prosecution must prove that the driver took drugs, and that those drugs impaired the driver. Impairment is not always easy to prove, especially if the driver was also allegedly drunk, as in this case. Similarly, the prosecution must also prove impairment by alcohol to get a drunk driving conviction -- and having had some drinks is not the same as driving while impaired. An experienced Massachusetts drunk driving defense lawyer will argue points like these in defense of his client.

Continue reading "Brockton Man Charged With Motor Vehicle Homicide and Drug Possession After Fatal Accident" »

Last weekend just before 1:00 a.m. Jacqueline Boutin was driving her husband Michael and Peter Colangelo off of Route 140 when she noticed a car rapidly approaching her from behind. The trailing car that was being operated by Colleen Imgemanson ended up hitting Boutin's car and knocking it on its side. Michael Boutin was temporarily trapped but was quickly extricated by the Taunton, Massachusetts Fire Department. It took longer to free Colangelo who was airlifted to the Boston Medical Center where he ultimately died. Boutin and her husband sustained injuries requiring a brief hospitalization at the Morton Hospital. A Taunton police officer responded to the scene after receiving reports that a woman had fled the crash on foot. He then observed Ingemanson walking unsteadily not far from the crash site. Ingemanson admitted to having driven the car. The officer reported that she smelled of alcohol and that she could not pass the field sobriety tests that were administered. Her eyes were bloodshot and her speech was slurred. She refused to take the breathalyzer test. Ingemanson has been charged with Motor Vehicle Homicide While OUI, OUI Second Offense. Leaving the Scene of an Accident with Death Resulting, Negligent Operation of a Motor Vehicle and Leaving the Scene with Personal Injury. Charges are now pending in the Taunton District Court.

Read Article:

Massachusetts Woman Looking At Motor Vehicle Charges, OUI After Fatal Accident

Cases like this one are very difficult to defend. Even if the defendant has a valid defense to the OUI Charge the charge of Leaving the Scene of An Accident With Personal Injury or Death will result in a one year minimum mandatory jail sentence. It is probable that the district attorney in this case will be indicting this case and prosecuting it in the Superior Court. There, if convicted the judge can sentence the defendant to a state prison sentence. The district attorney's office will undoubtedly be looking for a state prison sentence after a conviction. Even if the defendant wants to plead guilty a state prison sentence will be strongly considered by the judge.

Continue reading "Taunton Massachusetts Woman Facing OUI Motor Vehicle Charges After Drunk Driving Accident Kills 48 Year Old Man" »

Jonathan Muir is just twenty one years old and he has a tremendous legal battle ahead of him. Just over a week ago Muir was driving a 1984 sports car at around 1:30 a.m. Muir apparently lost control of the car and struck a tree. One of his three passengers was killed while two others were injured. Muir now stands charged with Motor Vehicle Homicide while OUI. Muir has also been charged with two counts of causing serious bodily injury while under the influence of alcohol and operating negligently so as to endanger.

Read Article:

21 Year Old Massachusetts Man Charged With Motor Vehicle Homicide While OUI

The article failed to report whether a blood alcohol reading was obtained from Muir. An article in Cape Cod Times reported that Muir too was injured and was taken to a hospital for treatment. It is probable that the hospital took a blood sample from Muir which is protocol for treating patients who are admitted. A toxicology work up would disclose Muir's blood alcohol level, if any. The blood tests are the most accurate however they are fallible. I have blogged on this in the past. In scrutinizing blood tests criminal defense lawyers look for possible blood sample contamination. If contamination is demonstrated then we try to get a judge to exclude evidence of the defendant's blood alcohol level. The issue of impairment can also be challenged if the blood readings are not consistent with the amount of alcohol consumed.

Continue reading "Cape Cod Massachusetts Man Charged With OUI Motor Vehicle Homicide After Crash Kills Passenger In Bourne" »

Over the holiday weekend Jason Spurlin was driving with his girlfriend, Amanda Murray and two others, Anna Dubois and Nick Kelly. According to the police he was drunk and speeding. He lost control of his car around 1:15 in the morning, left the road and struck a tree. Spurlin survived but all passengers were killed. Apparently Murray and Spurlin have a five week old child together. Spurlin will now likely have to face three counts of Motor Vehicle Homicide. At least for now the case will be prosecuted in the Wrentham District Court.

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Three Killed In Massachusetts Drunk Driving Accident, Driver To Face OUI Motor Vehicle Homicide Charges

The biggest question raised by this article is how did the police determine that Spurlin was drunk at the time of the accident. There is no mention of a breathalyzer test or field sobriety tests nor is there any indication that there exist any witnesses to the accident. It is likely that if Spurlin was injured during the crash he was taken to the hospital. There, his blood might have been taken as is often the case when people get admitted to the hospital. While these tests are the most reliable forms of evaluating a person's blood alcohol level they certainly are not infallible. Not all technicians are properly trained in taking the blood sample particularly in the case where they might be looking to test for alcohol. For instance, if yeast in introduced into the blood sample it might yield an inaccurate high false positive reading. Contaminated tubing can effect the reading. Improper labeling of the sample can be problematic. Swabbing with alcohol will often result in a high reading that lacks accuracy. If blood is the determining factor in Spurlin's case there is no doubt that his attorney will scrutinize the process by which the blood was taken and analyzed.

Continue reading "Drunk Driver Kills Three In Massachusetts, Will Get Charged With Motor Vehicle Homicide While OUI" »

Pamela Balsamo was arraigned yesterday in the Berkshire Superior Court in Pittsfield, Massachusetts. She has been charged with Motor Vehicle Homicide. Police allege that Balsamo was driving south in the northbound lane of a rural road in Berkshire County when she struck a car being driven by Erin Dufour, another Massachusetts resident. Dufour died at the scene. The accident occurred on March 18, 2009 shortly after 8:00 in the evening. At that time Dufour was driving a Honda. Balsamo was driving a 2002 Mercedes. Balsamo was hospitalized as a result of this accident.

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Motor Vehicle Homicide Charges Filed In Massachusetts Against Connecticut Woman

Motor Vehicle Homicide in Massachusetts can be charged either as a felony or a misdemeanor. In this case it was charged as a felony. The defendant faces a maximum state prison sentence of fifteen years. She also faces a minimum mandatory one year sentence in this case. There are very few articles online that discuss this case. Nowhere is Balsamo's blood alcohol level disclosed. This is somewhat odd in that she was taken to the hospital where it is likely that blood was drawn and toxicological tests conducted. There are no articles or press releases that show the results of the accident reconstruction conducted by the police. Often times the strength of the district attorney's case in motor vehicle homicide prosecutions rests on the strength of the accident reconstruction. Naturally, eyewitness accounts will factor heavily into this equation. I would be interested in learning more about the facts that support the district attorney's theory of this case.

Continue reading "Connecticut Woman Charged With Motor Vehicle Homicide In Massachusetts Superior Court" »

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.

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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 "Cape Cod Massachusetts Woman To Be Charged With Motor Vehicle Homicide OUI After Injuring Herself And Killing Friend In Drunk Driving Accident" »

UPI reported that Courtney Frances Stewart, the twenty year old who was driving Los Angeles Angels pitcher Nick Adenhart had a blood alcohol level of .06 the night she, Adenhart and another individual were killed in a DUI related accident. These results were determined by the coroner who examined the bodies of the decedents and conducted toxicology tests. While some might think the reading is low, California Vehicle Code § 23136 makes it a crime for anyone who is under the age of twenty one to operate a motor vehicle with a blood alcohol level of .01 or more. Andrew Thomas Gallo, who had a 2006 DUI conviction has been charged with murder for the deaths of the three back on April 9th of this year.

Read Article:

Woman Driving Angels Pitcher May Have Been DUI Herself

There is no doubt that if this case goes to trial Gallo's defense attorney will try to use the issue of Stewart's intoxication as part of his defense. The focus of the trial would then be not whether Gallo was impaired at the time of the accident. Rather, the defense will try to show that Stewart's actions were the cause of the accident and the her alcohol ingestion impaired her ability to operate in a safe manner. All of this of course assumes that the physical evidence at the scene and any eyewitness observations supports this defense. It is important to keep in mind that someone's blood alcohol level at the time of death does not necessarily reflect accurately that person's blood alcohol at the time of operation. Factors that defense lawyers always like to know is how many drinks the person had, over what time period were the drinks ingested, how much food did the person eat that day, the person's height and weight and whether proper procedures were followed when taking the blood sample. Expect to see the defense engage a toxicologist and an accident reconstructionist to assist in trial preparations.

Continue reading "Nick Adenhart's Driver's .06 Blood Alcohol Will Likely Factor Into DUI, Motor Vehicle Homicide Defense" »

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 "Massachusetts High School Student Charged With Motor Vehicle Homicide While OUI" »

Rodrigo Freitas was operating has car on Main Street in Hyannis, Massachusetts shortly after leaving a bar. He then broadsided a car being driven by Lynn Garland, a forty three year old mother of two from Brewster. Garland died as a result of the crash. Authorities claim that Freitas was drunk at the time of the accident. Freitas suffered a broken leg in the crash. His passenger broke his nose. Blood was taken from Garland at the hospital and no results have yet been obtained. As of now Freitas has been charged with OUI and operating to endanger. Reports suggest that Garland pulled out in front of Freitas. Police accident reconstructionists have been engaged to investigate the cause of the crash.

Cape Cod Massachusetts Man Kills Woman While Driving Drunk

Some pretty interesting issues come to mind when reading articles about this tragedy. First and foremost, whose was at fault in causing this accident. This becomes critical in determining how to charge Freitas. If accident reconstructionists determine that Freitas was at fault then it is likely that he will be charged with the additional crime of motor vehicle homicide. If Garland was at fault then the charges will remain simply OUI. The next issue is what if anything was Garland's blood alcohol level at the time of the crash. If any levels of alcohol registered in her blood then Freitas can perhaps more easily call into question the issue of ultimate responsibility. Regardless, these cases can be difficult to defend for the simple reason that someone died. Greatly difficulty for the defense will arise if it is determined that Freitas was impaired by alcohol.

Continue reading "Motor Vehicle Homicide Charges Likely For Massachusetts Man After OUI Related Death" »

Tyrone Fuller is twenty one years old living in Hayward, California. He is getting arraigned today on charges of murder stemming from a March 21, 2009 crash in which he killed another man. At the time Fuller was under the influence of alcohol and marijuana. It was reported that at 6:00 a.m. Fuller drove his sport utility vehicle through a red light striking a car driven by Roger Guess. Fuller left the scene but later filed a false police report claiming that his car had been stolen. The charges are in the Alameda County Superior Court.

DUI Murder Charges Filed Against California Man

In Massachusetts you cannot be charged with murder for a motor vehicle death involving impairment due to either alcohol or drugs. You can however be charged with motor vehicle homicide or manslaughter based on OUI. Motor vehicle homicide charges carry a maximum fifteen years in state prison. The crime can be charged as either a misdemeanor or a felony. OUI manslaughter in Massachusetts originated with Melanie's Law. It is a felony charge that carries a minimum mandatory five year state prison sentence and as much as twenty years. There is also a lifetime loss of license associated with this crime.

Continue reading "Man Charged With Murder After DUI Crash Leaves 46 Year Old Dead" »

Twenty six year old Gilberto Vega was arraigned yesterday in the Lawrence District Court. The charges are manslaughter, leaving the scene of an accident with personal injury, motor vehicle homicide and OUI. The Lawrence Eagle Tribune reports that Vega and his girlfriend had an argument after which she, Betzaida Laureano asked him to leave. When he left Vega drove his car at Laureano who was standing on the sidewalk with her children. Vega drove on the sidewalk towards Laureano and ended up hitting her daughter Evelize Curet. Curet was taken to Lawrence General Hospital where she was pronounced dead.

DUI And Manslaughter Charges For Massachusetts Man Who Killed Girlfriend's Daughter

There is no doubt that this case will be presented to a grand jury and indicted. Vega will have to defend against these charges in the Essex County Superior Court in Salem, Massachusetts. The OUI charges are the least of his worries. Vega's biggest problems are the manslaughter and motor vehicle homicide OUI charges. Manslaughter in Massachusetts carries a maximum twenty year state prison sentence. Motor vehicle homicide in Massachusetts carries a fifteen year maximum if the felony version of this offense is charged. Given the tragic nature of this case it would not surprise me to see the district attorney look for at least a fifteen year sentence if Vega gets convicted.

Continue reading "Lawrence Massachusetts Man Charged With OUI, Manslaughter After Killing Girlfriend's Daughter With Car" »

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 "Massachusetts Man Charged With Motor Vehicle Homicide While OUI" »