Massachusetts DUI Lawyer Blog

Police say a 52-year-old man caused an injury accident Jan. 16 by driving under the influence of powerful painkillers. Joseph Kaizer is accused of hitting a mother and her 14-year-old son, who were crossing the street after leaving a relative's funeral mass. The young man was treated for two broken wrist bones and a knee injury and released, but his mother was hospitalized overnight with unspecified injuries. Kaizer, who had his 11-year-old daughter in the vehicle, admitted to crushing and injecting methadone in the past, but denied having done it that day. Nonetheless, police observed track marks on his arms and legs. Police searching his car found two empty bottles of methadone and 23 pills of clonazepam, a muscle relaxant, along with 23 needles and two spoons with residue.

Kaizer was arrested for OUI drugs, OUI with serious bodily injury, failure to slow for pedestrians, negligent driving and child endangerment, for OUI with his daughter in the car. She was picked up at the scene by her mother. Police also asked the RMV to immediately revoke Kaizer's license as an "immediate threat."

Read article: Driver allegedly high on painkillers hits mother, son

Kaizer is not accused of drinking alcohol, a fact that could actually help a Massachusetts OUI criminal defense attorney defend his case. In cases of operating under the influence of alcohol, police can make a case based on the results of a BAC, regardless of other circumstances. Any amount of a drug in your blood is enough for an OUI drugs charge -- but only if Massachusetts law makes it illegal to take the drugs in question before driving. The law specifically lists which drugs are illegal, but not every sedative, sleep aid or other drug police might frown on is on that list. If the drugs Kaizer is accused of taking are not on the list, an experienced Massachusetts intoxicated driving defense lawyer can make a strong case that the charges must be dropped. This is assuming that police even took a blood test showing Kaizer had the drugs in his system, something the article didn't mention. You must remember that the prosecutor must still prove impairment caused by the drug, not just the existence of the drug in your system.

Continue reading "Walpole Man Arrested for OUI Drugs After Hitting Mother and Son Crossing Street" »

A West Yarmouth woman was charged with operating her minivan under the influence of drugs last week after she allegedly caused a crash. According to a Dec. 12 article from the Cape Cod Times, Adrienne Musgrave, 34, was driving in the wrong lane before the crash. Annemarie Jones, 41, was driving her own minivan correctly in that lane when she saw Musgrave's vehicle coming and swerved into the oncoming lane to avoid it. Musgrave swerved back into her lane and the two vehicles collided head-on. Jones, and a five-year-old child passenger in her minivan, were hospitalized in Boston in serious condition. The child reportedly sustained a head injury. Musgrave was listed in stable condition at a Hyannis hospital. She is charged with OUI with drugs, negligent operation of a motor vehicle and failure to stay in her lane.

Read article: Yarmouth head-on crash driver charged with OUI

Depending on the circumstances, a drug-related charge may offer multiple avenues of defense for an experienced Massachusetts intoxicated driving defense attorney. Despite what many people assume, you absolutely can be charged with OUI for taking a medication that was legally prescribed to you, if that drug is illegal to take before driving. Massachusetts law specifically lists many drugs that fall into this category. However, the law doesn't include every prescription drug that might lead to an intoxicated driving charge, even powerful painkillers and sedatives. If the prosecution cannot establish that it's illegal in our state to take the drug at issue and then drive, it has no case. The defendant may still face charges related to illegal possession, but a good Massachusetts OUI defense lawyer should be able to get the OUI portion of the case dropped or dismissed.

Continue reading "Cape Cod Woman Charged With Driving While on Drugs After Injury Crash" »

A Sutton, Massachusetts woman was arraigned in Worcester County District Court Dec. 2 for multiple charges related to operating under the influence. The Worcester Telegram & Gazette reported Dec. 3 that Lisa Delorto, 43, was charged with OUI-drugs, negligent driving, leaving a marked lane and possession of two drugs without a prescription. The RMV also revoked her driver's license that day.

The charges stem from a traffic stop Tuesday morning made while Delorto was working as a school bus driver, although there were no students on the bus. Witnesses said the bus was "all over the road" and crossed the center line several times. When law enforcement pulled Delorto over, officers said she was unsteady on her feet and failed field sobriety tests. Officers also found the prescription drugs hydromorphine (an opiate painkiller) and lorazepam (an anti-anxiety drug and sedative), for which Delorto did not have a prescription. At the arraignment, Delorto's Massachusetts OUI defense attorney said she may have been very tired because she cares for a 22-year-old daughter who is frequently up all night with a chronic blood disorder called spherocytosis.

Read article: Bus driver loses license; faces drug, traffic charge

I am glad Delorto has legal representation, because I believe a good Massachusetts drunk driving criminal defense lawyer could mount a strong defense in this case. The article does not mention that Delorto took a blood test showing that she was taking the drugs; it says only that these drugs were on her person. Possessing prescription drugs without a valid prescription (or another reason to carry them, such as bringing prescriptions to her daughter) is certainly illegal, but it does not make a person guilty of operating under the influence of drugs. Nor do field sobriety tests, which are notoriously unreliable because they are frequently difficult even for people who are stone-cold sober.

However, driving while tired is unfortunately very common, especially among people who work odd or long hours. According to the federal Department of Transportation, drowsy driving causes 100,000 crashes and 1,550 fatalities every year. This could easily be the real reason for Deloro's swerving -- and if it is, a good Massachusetts OUI defense attorney should be able to prove that she is not guilty of intoxicated driving.

Continue reading "Worcester School Bus Driver Arraigned on Charges of Driving Bus While on Drugs" »

A six-vehicle accident in Quincy triggered OUI charges against a 31-year-old woman in the evening of Nov. 18. Hayley Damp of Hingham is accused of reckless driving and operating under the influence of both alcohol and drugs in connection with the crash. According to the Patriot Ledger of Quincy, Damp rear-ended a Dodge while driving south on Washington Street. That crash triggered a chain reaction, with the Dodge hitting a Nissan Pathfinder that then hit a Honda Accord. Damp, meanwhile, turned across opposing traffic and into a parking lot, where she hit a parked and unoccupied car before driving into the front of a tire store. Damp had minor injuries; also hurt were 33-year-old Heather Gateley of Weymouth and 24-year-old Elizabeth Aiello of Quincy. Other victims' names were not available. Officers said they found Damp carrying prescription drugs, as well as two bottles of wine, one mostly empty, in a cooler inside her vehicle.

Read article: Police: Drunken driver causes 6-car crash

As a Massachusetts OUI defense attorney, I'd like to know more about the prescription drug police found in Damp's possession. Many people don't realize this, but it's perfectly possible to be charged with operating under the influence of drugs in Massachusetts, even if the prescription is legal, as long as you are impaired by the drug while operating a motor vehicle. Painkillers, sleep aids and sedatives can fall into this category -- but the laws of Massachusetts do not specifically say that certain drugs are illegal to use while driving. That means prosecutors often have to find experts to testify at trial as to the effects of the drug and a person's symptoms while under the influence of the drug. If they do not, they risk an acquittal or dropped charges.

I would also be interested in knowing more about the amount of alcohol in Damp's blood. Many prescription drugs heighten the effects of alcohol. When drivers don't realize this, they can drink what they believe is a safe amount, then find themselves more intoxicated than they expected when it's time to go home. It's not impossible for these drivers to end up with a blood-alcohol concentration below 0.08, the legal limit, and still feel the effects as if they had drunk more. Depending on the circumstances, this may offer another defense, at least in the hands of an experienced Massachusetts drunk driving defense lawyer.

Continue reading "Hingham Woman Charged With OUI After Six-Car Accident That Hospitalized Two" »

A woman was arrested in Harvard Square for operating a vehicle under the influence of drugs, the Cambridge Chronicle reported Oct. 29. Judith Zackman, 54, of Waltham, was involved in at least one minor accident around 8 p.m. on Oct. 22. According to the article, police responding to an accident on Mount Auburn Street stopped Zackman on Massachusetts Avenue near Harvard Square after witnesses said her car was being driven erratically and had hit parked vehicles on Mount Auburn Street and Memorial Drive. An officer reported that Zackman had trouble parking her car and seemed confused. After a search, officers found no alcohol in the car, but several half-full water bottles full of pink liquid as well as several prescription and unmarked pills. They also observed that she had trouble walking straight and seemed confused. After she failed field sobriety tests, they arrested her on suspicion of driving under the influence of drugs, on the basis of observations and the test results.

Read article: Waltham woman arrested for operating under the influence in Harvard Square

As a Massachusetts OUI defense attorney, I wonder whether the police backed up their observations at the scene with a blood test. If not, the charges against Zackman could be very easy to challenge. As I note on my Web site, field sobriety tests are notoriously unreliable as an indicator of drunkenness. Some tests are so difficult for the average person that they can generate false positives in people who are completely sober. Furthermore, certain standard tests have been invalidated by court rulings or regulatory decisions, and those that remain must be administered properly in order to be valid.

A police officer's observations are also subject to challenge in court, because of course they are subjective and do not amount to proof. And in cases like this, which involve prescription drugs, there may be mitigating circumstances related to the driver's health or the unexpected effects of mixing prescription drugs. A good Massachusetts drunk driving defense lawyer should be able to raise all of these defenses at trial, or, if appropriate, use them as leverage to get clients a favorable and fair plea agreement.

Continue reading "Waltham Woman Arrested for OUI Drugs in Harvard Square" »

A 26-year-old Groveland, Massachusetts man was arrested on multiple charges after leading police agencies on a car chase in northeastern Massachusetts, the Georgetown Record reported Sept. 22. Scott Berube already had two outstanding warrants for operating under the influence of liquor, which the newspaper said were second and third offenses. Earlier on the day of the chase, he was also allegedly involved in a hit-and-run accident. Around 10 p.m., a police officer spotted Berube at a Haverhill, Massachusetts gas station, gave chase and called for backup.

Once backup arrived, the officers tried to stop Berube by positioning their vehicles on either side of his. However, Berube drove directly at both officers, forcing them to jump out of the way. All in all, he drove through at least four towns before Georgetown, Massachusetts police were able to stop his vehicle with a device that punctured his tires. Berube fled on foot, leaving a passenger behind, but was caught with the help of a helicopter and K-9 unit. Police found several controlled substances in the crashed vehicle, including marijuana, Xanax, Percocet and acetaminophen with codeine. Both Berube and his passenger were charged with possession of those substances, with intent to distribute the marijuana and Xanax. Berube was also charged with DUI drugs, failure to stop for police, driving without a license and assaulting a police officer, among other charges, and the two outstanding warrants.

Read article: Police arrest man after multi-town chase that ends in Georgetown

Second and third OUI charges may sound scary, but a smart, experienced Massachusetts DUI defense lawyer can find multiple avenues of defense, depending on the circumstances of the case. For example, a charge of OUI drugs may be dropped if the defendant can show that he was not actually impaired, regardless of whether he took any drugs. But because Berube did not handle the earlier charges against him, he ended up fleeing the police and receiving a significant number of new charges. Now he will almost certainly need a good Massachusetts intoxicated driving lawyer to help sort through this tangle of charges and minimize the damage to his life and his family.

Continue reading "Groveland Man Arrested for Intoxicated Driving After Multi-Town Police Chase Ending in Georgetown" »

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" »

A Framingham man was charged with OUI-drugs and leaving the scene of an accident early on Sept. 11, MetroWest Daily News reported Sept. 13. Barrett Montgomery, 20, was stopped by an officer as he walked away from his own vehicle. Witnesses told the officer that Montgomery's car had been driven down the road dragging a part that had partially come off of the frame. The officer's report said Montgomery got out of the car to look at the damage near High Street and Route 9, then started to walk away. After he was stopped by the officer, Montgomery said he must have hit a guardrail. Observing that Montgomery's eyes were bloodshot and he was not steady on his feet, the officer investigated and discovered that Montgomery had been drinking and smoking marijuana.

Read article: Cops say Framingham man drove after drinking, smoking pot

In my work as a Massachusetts intoxicated driving defense lawyer, I see far fewer cases of OUI involving drugs than I see of people who drive drunk. A charge of operating under the influence of drugs carries the same penalties as a charge for operating under the influence of alcohol, and the arrest process and some of the defenses are the same. However, a breath test cannot give police enough evidence to prove an OUI for marijuana or another drug; officers must prove to jurors beyond a reasonable doubt that the defendant was in fact operating under the influence of a particular substance. This is not easy to do in that not all police officers have the requisite expertise to give that testimony in court. An experienced Massachusetts DUI Defense attorney might be able to get a judge to exclude such testimony. This could result in the case getting dismissed.

To get a conviction for operating under the influence of drugs, the prosecution must prove the accused took drugs and that the drugs caused impairment. Even if the defendant took and failed a blood test, these can be difficult to prove. For example, in cases involving marijuana, substances related to the drug remain in the body for up to a month after use, which can trigger a false positive even though the driver is not impaired by the drug. A good Massachusetts OUI defense attorney can raise this and other strong defenses for drivers like Montgomery and help them avoid the sometimes life-altering consequences of a criminal conviction.

Continue reading "Driver Charged With Driving Under the Influence of Marijuana and Alcohol in Framingham" »

Around three o'clock yesterday afternoon Massachusetts State Police received several calls from drivers stating that a woman was driving erratically and had a child in her car. A state trooper heard the dispatch and observed a vehicle being operated by Cindy Abkarian weaving back and forth between lanes. The car was pulled over and the trooper observed the defendant's daughter sitting in the passenger seat unbuckled. Abkarian admitted to having used methadone and Klonopin prior to operating her vehicle. Abkarian failed the Field Sobriety Tests and admitted to having a substance abuse problem. She was arrested and charged with OUI Drugs, Possession of Class C, Child Endangerment and related Motor Vehicle Crimes in the Salem District Court.

Read Article:

Massachusetts Charges Woman WithTaking Pills And Driving With Her Two Year Old Child Unrestrained

My experience tells me that this case is not going to trial. Several factors suggest that the defendant in this case will plead guilty. Independent cell phone callers witnessing Abkarian's erratic operation, the trooper making a similar observation, her admission to using drugs when driving, the presence of drugs in plain view when she was stopped, the failed field sobriety tests and the unbuckled toddler all suggest that Abkarian should plead guilty. With a good lawyer she will likely get probation and perhaps some enhanced drug abuse treatment.

Continue reading "Mother Facing Charges Of OUI Drugs In Salem Massachusetts" »

Last week Nancy Toledo of Braintree, Massachusetts was stopped for having a defective taillight. Once stopped the police officer observed signs consistent with alcohol and drug use. Toledo was asked to perform some Field Sobriety Tests. According to reports Toledo took the tests and failed. She was transported to the police station where she was given the Breathalyzer Test. She failed this too. She was charged with OUI Drugs and Alcohol. Toledo was also charged with Resisting Arrest. After the defendant's car was searched more charges were added; Possession of Drugs and Drinking from an Open Container. The case will be prosecuted in the Quincy District Court.

Read Article:

Massachusetts Woman Fails Breathalyzer Test, Field Sobriety Tests And Gets Charged With DUI Drugs, Alcohol

Assuming the taillight was in fact defective and stop was constitutionally permissible Toledo's best option might be to admit to sufficient facts and enter the "24D" program. There she will be placed on probation for one year. She will have to enter and complete an alcohol awareness program, pay some fines and lose her license for forty five days. She will be eligible for a hardship license assuming she meets the criteria set out by the Registry of Motor Vehicles. She may also have to undergo some drug counseling if the judge believes she might have a substance abuse problem. Successfully trying this case will be a challenge due to the presence of drugs, the failed field sobriety tests and the failed breathalyzer test.

Continue reading "Braintree Massachusetts Woman Arrested And Charged With OUI Drugs, Alcohol" »

Just before 8:00 a.m. last Monday a cell phone caller reported seeing a woman was operating erratically. A Medfield, Massachusetts police officer spotted the car and attempted to pull it over. The officer succeeded in stopping the vehicle. He smelled alcohol on the driver and asked her to perform field sobriety tests. The woman became upset and started yelling and swearing at the officer. An eyewitness saw the officer open the suspect's car door and attempt to get her out of the car. The woman pushed the officer's hand away, slammed her car door and sped away quickly. The driver, a fifty one year old Brookline, Massachusetts woman then ran a couple of red lights and weaved in and out of cars before crashing into a utility pole. The driver was airlifted to a Boston hospital. As of the date of this article no charges had been filed against the woman. Possible charges could be failing to stop for a police officer, driving to endanger and DUI.

Read Article:

No DUI Charges For Massachusetts Woman Who Crashes After High Speed Chase

Whenever someone is taken to the hospital as a result of a motor vehicle accident there stands a good chance the medical personnel will take blood from the patient. A toxicology screen will likely follow and the blood sample will be tested for alcohol. I would guess that the district attorney and police are waiting for these results before finalizing the criminal charges they intend to file against this woman. If the results are negative or substantially below a .08 then no OUI charge will issue. The toxicology screen will also look into the presence of drugs, prescription or otherwise. If the test is positive for certain drugs then charges of OUI drugs might issue. Unlike alcohol however, the presence of drugs in blood samples as not as determinative a factor for establishing impairment. Many drugs remain in the system long after their effects have worn off. When we represent clients for OUI drug cases we usually engage a toxicologist to educate a judge or jury on the effects of the drug, whether it impairs motor vehicle operation and whether or not the effects of the drug might have worn off prior to our client's operation of the motor vehicle.

Continue reading "Brookline Massachusetts Woman Who Leads Cops On High Speed Chase Not Charged With Oui Despite Smelling Of Alcohol" »

Jose Correia was charged with OUI in the Stoughton District Court after he struck another vehicle and left the scene. He was arrested shortly thereafter and charged with OUI, leaving the scene of an accident, possession of cocaine, driving to endanger and driving without a license. The accident occurred shortly after 7:00 p.m. on Sunday night. Correia is thirty five years old and from Norwood, Massachusetts.

Read Article:

OUI And Related Motor Vehicle Charges For Norwood Massachusetts Man

The OUI charge, if it is Correia's first, would not be nearly as serious had he remained at the scene of the accident, made his identity known and waited for the police to arrive. The fact that he fled inflates the gravity of the situation and can in many instances be the catalyst for a higher sentence if Correia is convicted. Massachusetts General Laws Chapter 90 Section 24 states that anyone who leaves the scene of an accident shall be punished for not less than two weeks nor more than two years in the house of correction. The minimum sentence is not mandatory however where there are additional charges as in this case such as OUI and drug possession sentences tend to be higher than the typical "24D" program. I would be interested to know how Correia was apprehended, whether or not he took field sobriety tests or a breathalyzer test and who if anyone witnessed Correia driving.

Continue reading "Norwood Massachusetts Man Charged With DUI In Stoughton District Court" »

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 "62 Year Old Massachusetts Man Charged With OUI Drugs Causing Seriously Bodily Injury" »

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.

Continue reading "Woman Charged With OUI Prescription Drugs, Child Endangerment" »

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" »