Massachusetts DUI Lawyer Blog

A Lowell, Massachusetts man was in court Nov. 23 to answer charges of drunk driving after he hit a mother and two toddlers in a crosswalk. The Boston Globe reported Nov. 24 that Chamroeun Theam, 60, pleaded not guilty to second-offense operating under the influence and OUI with serious bodily injury, among other charges. Theam is accused of hitting Nina Wilkin, 25; her daughter Katelyn Dickie, 2; and her son Jonathan Dickie Jr., 4. The family was near the end of a crosswalk on Fletcher Street in Lowell when the light changed and Theam accelerated through the intersection. The crash threw Jonathan out of their double stroller, leaving him with head injuries. His mother and sister sustained only minor injuries.

According to the police report, Theam's blood-alcohol concentration tested at 0.26 -- more than three times the legal limit of 0.08. Officers said he failed field sobriety tests and seemed to be talking to himself. The RMV revoked his license immediately. In court, Theam's daughters and daughter-in-law said they would prefer him to stay off the road and get help for his depression, which they trace to his terrifying experiences living under the Khmer Rouge in his native Cambodia. Police said Theam's driving record includes a DUI in Wisconsin from 1994 as well as two crashes and five other traffic citations.

Read article: Family on mend after close call

As an experienced Massachusetts drunk driving defense attorney, I doubt Theam makes a good candidate for a "second chance" 24D/alternative disposition sentence. The 24D program is generally not available to second offenders, but Massachusetts law allows an exception for cases where the first offense is more than 10 years old. Rather than facing the sentence for a second OUI, which includes mandatory jail time and steep fines, these offenders can be sentenced to two years of probation, alcohol classes and much lower fines. (However, the RMV will still suspend their licenses for two years, and install an ignition interlock device if any hardship license is granted.)

If his daughter-in-law was telling the truth, Theam survived a horrifying episode in his native country's history, in which a totalitarian regime killed fifth of its population in four years through torture, execution, famine and disease. It is not surprising that Theam might be suffering from depression, as his family suggested. If that's the case, this accident might provide the motivation he needs to get help. But in the hands of a good Massachusetts OUI defense attorney, he may be able to get that help without having his new life in the United States damaged by the harsh penalties for a second drunk driving conviction.

Continue reading "Lowell Man Pleads Not Guilty to OUI After Accident With Family in Crosswalk" »

A newly released police report shows that state Senator Anthony Galluccio (D-Cambridge) may have been too drunk to drive in the early morning hours of the day he hit a family's minivan and left the scene. The Boston Herald reported Nov. 17 that a gas station employee called the Cambridge police at around 4:40 a.m. on Oct. 4 to report a customer who was allegedly too drunk to drive. When police arrived, they found Galluccio with a friend who said he was trying to take Galluccio home, but couldn't find his residence. Officers drove Galluccio home and helped him inside, but because there was no evidence that Galluccio was trying to drive, they did not charge him with any crime or file a police report.

In the evening of the same day, however, Galluccio hit a family's vehicle and drove away without stopping. He came forward to take responsibility the next day, saying he panicked at the scene. He is not accused of drunk driving in that incident, but his two past OUIs and an accident in 2005 have led to speculation that he could have been intoxicated. As part of the investigation into the hit-and-run, the Cambridge police filed a report Oct. 29 on the escort they provided early on Oct. 4. Galluccio will be back in court Nov. 20 on the hit-and-run charge. The Cambridge police say the officers involved in the escort did nothing wrong, and that no police report is necessary in incidents resulting in no criminal charge. However, Massachusetts state Senate President Therese Murray has reportedly told Galluccio to get a driver.

Read articles: Cops: By the way, we gave Galluccio a lift; Galluccio, 'too intoxicated to drive,' driven home by Cambridge police day of hit-and-run

This new information has caused a small firestorm in Cambridge, creating speculation about Galluccio's relationship with alcohol and second-guessing of the police department's actions and policies. But as a Massachusetts drunk driving defense attorney, I'd like to point out that none of this new information implicates Galluccio for operating under the influence of alcohol. He may well have been drunk on the morning of Oct. 4, but as the Cambridge police pointed out, he was not observed trying to drive. The hit-and-run accident, in which he was clearly driving, happened about 13 hours later -- more than enough time to sober up. As scientists say, correlation is not causation. If an investigation turns up new information showing that Galluccio was intoxicated at the time of the hit-and-run, OUI charges might be appropriate. But at the moment, any experienced Massachusetts OUI defense lawyer could defeat an OUI charge stemming from the events of Oct. 4.

Continue reading "Police Report Reveals Galluccio Was Intoxicated Morning Before Hit-and-Run" »

Massachusetts state senator Anthony Galluccio, D-Cambridge, made headlines last week after he admitted to leaving the scene of a minor accident he apparently caused. According to the Boston Globe, Galluccio hit another vehicle Oct. 4, causing minor injuries to someone in that vehicle, and left the scene. Police searched unsuccessfully for him that night, but Galluccio turned himself in the next day. He told the police and media that he left the scene of the accident because he panicked, believing that his history of DUI convictions would hurt him in this case, and not realizing that anyone was hurt. Galluccio's past, which includes drunk driving convictions in 1984 (later pardoned) and 1997, has led to speculation that he may have been driving under the influence of alcohol in the most recent case; Galluccio himself has declined to comment on the matter.

In an Oct. 13 editorial, the Globe focused on a larger question: Why has Massachusetts made it better for drunk drivers to leave the scene than to stay and take a breathalyzer? The newspaper pointed out that drunk drivers who cause accidents can avoid taking a breath or blood test, which provides strong evidence of drunk driving, by illegally leaving the scene. If caught, the editorial said, these drivers face fines of $20 to $200, a jail sentence of no time to two years, and a driver's license suspension of just 60 days. By contrast, a first DUI carries fines and fees ranging from the hundreds to more than $5,000, a one-year license suspension and up to 2 1/2 years in prison. For a repeat offender like Galluccio, those penalties would be harsher and include mandatory jail time. This creates a perverse incentive for drunk drivers, the newspaper said. It called for the Legislature to strengthen hit-and-run penalties.

Read article: Driving: It shouldn't pay to hit and run

As a Massachusetts drunk driving defense attorney, I would like to start by noting that Galluccio, like all criminal defendants, has the right to be presumed innocent until proven guilty. People are understandably upset when high-profile people like politicians and athletes appear to be above the law, but Galluccio is entitled to due process to establish facts rather than speculation. There are many reasons other than being intoxicated why people might leave the scene of an accident.

But regardless of whether Galluccio was driving drunk, this editorial exposes the unfairness of establishing harsher penalties for OUI than for leaving the scene of an accident. Accidents, almost by definition, involve property damage, injuries or death. When the driver responsible for the accident hits and runs, it throws the victims into uncertainty and could stick them with the bill for damage and injuries they did not cause, if the driver is never caught. By contrast, many drunk driving arrests involve no crash at all, no damage and no injuries. In many of the cases I have defended as a Massachusetts DUI defense lawyer, the defendant was charged after a simple traffic stop, sometimes on a pretext that I could successfully challenge. This situation seems contrary to good public policy and suggests that political popularity, rather than common sense, may be behind the harsher penalties for drunk drivers.

Continue reading "Senator's Accident Exposes Inconsistency in Massachusetts Traffic and OUI Laws " »

A man faces a charge of second-offense drunk driving after leading Weymouth, Massachusetts police on a chase that reached speeds of 110 miles per hour, the Boston Globe reported Sept. 28. Oscar Hernandez was reportedly spotted speeding by Weymouth police around 2:30 in the morning of Sept. 27. Officers followed his speeding black Mercedes down Route 18 until Hernandez suddenly stopped near Park Avenue and refused to get out of his car. Officers said they couldn't perform field sobriety tests -- "It was more of a wrestling match," said a police captain -- but charged him with a second drunk driving offense based on their observations that he smelled of alcohol and had glassy eyes. Hernandez works at the Boston office for U.S. Citizen and Immigration Services, a branch of the Department of Homeland Security that handles non-criminal immigration matters, but is not a law enforcement officer.

Read article: Federal immigration official charged with second OUI

As a Massachusetts drunk driving defense attorney, I can't help but notice that this article doesn't mention police testing Hernandez's blood or breath. If officers did not do any such chemical test, their DUI case may rest solely on the observations of the officers at the scene. Law enforcement observations are important -- but law enforcement officers, like all human beings, can make mistakes. And a smell of alcohol and glassy eyes are not in themselves proof that a driver was intoxicated. In order to obtain a conviction for OUI liquor, prosecutors must show that the driver had a blood-alcohol concentration of 0.08 or higher, or was under the influence of intoxicating liquor. In a case like this, an experienced Massachusetts OUI defense lawyer may be able to show that the accused was not under the influence of liquor, even if he or she had been drinking -- allowing the driver to avoid a conviction.

A second DUI is a serious charge in Massachusetts. If convicted, Hernandez would face a mandatory minimum of 30 days in jail, up to 2 1/2 years; fines and fees ranging from more than $600 to more than $10,000; loss of his driver's license for two years, including at least one year without eligibility for a hardship license; and negative consequences for his work, his family and his auto insurance rates. With this much to lose, it's very important for drivers facing a second drunk driving charge to contact a Massachusetts DUI defense attorney before making any decision on their pleas, to discuss all possible avenues of defense.

Continue reading "Boston Immigration Official Charged With Second DUI After High-Speed Chase in Weymouth" »

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 driver from New Hampshire faces multiple criminal charges in Walpole, Massachusetts, after he ran a red light and caused a six-injury accident, the Daily News Transcript of Norwood reported Sept. 10. Daniel Reynolds, 22, of Bedford, N.H., allegedly ran a red light at Routes 1 and 27, hitting a Jeep Grand Cherokee that rolled over onto its roof. Trapped inside was a family of five: Nathaniel Reed, 34; Belinda Mercado, no age given; and children King Reed, 9; Jewell Reed, 5; and Reyna Reed, five months. Nathaniel Reed suffered a fractured neck and was taken to the hospital; the other family members were treated and released. Reynolds was not hurt in the accident, but his younger brother, Joshua Reynolds, suffered head injuries and was taken to the hospital along with another passenger, 23-year-old Erold Grant.

The newspaper said Daniel Reynolds had one previous DUI conviction from New Hampshire in 2007. He displayed signs of intoxication at the scene and told officers that he had been drinking at a preseason Patriots game, but was kicked out for unruly behavior. Officers also found an open bottle of cold beer and two unopened cans in his vehicle. According to the police report, Reynolds expressed remorse to an officer on the scene, saying he couldn't believe he hurt his brother and endangered the Reed children. The report also said he told the officer he "[expletive] up big time" and had to take responsibility for his actions. However, he pleaded not guilty at an arraignment Sept. 4 on charges of OUI, negligent driving and failure to stop at a red light.

Read article: Police: 6 Hurt in DUI Crash

As a Massachusetts drunk driving defense attorney, I am not surprised that Reynolds pleaded not guilty to this charge. If the facts in this article are true, the prosecution may have a fairly strong case against him, including his own admission that he had been drinking. Nevertheless, there may be aspects of the case that are worth investigating before conceding defenses. Keep in mind that admitting to drinking does not mean that you have admitted to driving while impaired. Perhaps the number of drinks he consumed and the time over which he consumed them will suggest that he was not operating under the influence of alcohol.

Furthermore, the article said Reynolds has a prior DUI conviction in New Hampshire, and Massachusetts routinely includes known out-of-state DUI convictions when calculating penalties for a Massachusetts DUI. That means Reynolds, if convicted, will face the penalties for a second drunk driving conviction, which include 30 days of mandatory jail time, out of a sentence of 60 days to 2 1/2 years; up to $10,000 in fines; and loss of his driver's license for two years. An experienced Massachusetts DUI defense lawyer may be able to negotiate for lesser penalties such as probation and alcohol treatment, subject to the statutory limitations -- but Reynolds may still need to plead guilty.

Continue reading "New Hampshire Man Charged With Drunk Driving in Accident That Injured Six People" »

A Holbrook man was arrested last weekend on his second charge of driving under the influence of alcohol. Shortly after midnight on Aug. 29, another driver called the police in Braintree, Massachusetts to report that a Pontiac Grand Am was driving erratically. A police officer responded and pulled over a 25-year-old Holbook man after watching him drive. According to a police spokesman, the man showed signs of intoxication after he was stopped, and did poorly on sobriety tests at the scene. He was arrested for operating under the influence of liquor as well as unlicensed operation of a motor vehicle, because his license was valid only between the hours of 7 a.m. and 7 p.m.

Read Article: Man charged with drunk driving in Braintree

Even if the article had not said this was the defendant's second OUI charge, my experience as a Massachusetts drunk driving defense lawyer would have made me suspect it. The man's license restricted his driving privileges to just 12 hours a day, suggesting that he was driving with a "hardship license." The RMV grants these licenses to people who have had their drivers' licenses suspended because of an OUI. Unfortunately for this defendant, if he is found (or pleads) guilty of intoxicated driving in this new case, obtaining a new hardship license will not be easy. On a second offense, the RMV will not consider a granting hardship license until the license has been suspended for an entire year. When it does consider the driver's case, the agency requires a $700 fee just for the hearing, along with proof that the driver has complied with the OUI penalties.

Depending on the circumstances, this man may be able to mount a strong defense to this new OUI charge. As a Boston OUI defense attorney, I know how important that is. A second drunk driving charge is still a misdemeanor in Massachusetts, but the penalties go up dramatically from a first offense. The law calls for at least thirty days and up to 2 1/2 years in jail for a second offense, plus fines of up to $10,000. Alternatively, second offenders may be given two years of probation and two weeks in an inpatient alcohol treatment program at their own expense. These are in addition to a two-year license suspension, steep court fees, an ignition interlock device and skyrocketing auto insurance rates. These penalties are so severe that if you face them, it's always worth talking to a Boston DUI defense attorney about mounting a strong defense.

Continue reading "Holbrook Massachusetts Man Faces Second OUI After Failing Field Sobriety Tests" »

Today is probably not one of Tracey Francia's better days. Just after midnight he was returning to his home in Chelmsford, Massachusetts when his car struck Methuen Police Officer John Earnshaw's cruiser. Fortunately Earnshaw was not injured however it was reported that Francia was admitted to the Holy Family Hospital. The accident occurred in the area of routes 495 South and 213 in a construction zone. Reports indicate that Francia failed a field sobriety test. Francia has been charge with OUI Second Offense, Driving with a Suspended License and other crimes. The case will be prosecuted in the Lawrence District Court.

Read Article:

Massachusetts Drunk Driver Hits Cop Car On Route 495 Southbound

One thing that strikes me as concerning about this article is how the police were able to properly administer field sobriety tests to someone who was injured to the point where hospitalization was necessary. What exactly were Francia's injuries? If they involved his head or legs the results of the field sobriety tests were likely compromised. Typically field sobriety tests check physical or cognitive skills, or both. Certain injuries, particularly those that require a hospital visit might well effect one's ability to adequately perform those tests. The admissibility of these tests will be an interesting issue in this case.

Continue reading "Chelmsford Massachusetts Man Charged With Drunk Driving After HItting Methuen Police Officer's Car" »

The Gloucester Daily Times reported that two days ago Mark Hargrave, 55 of Hamilton, Massachusetts was arrested and charged with Second Offense OUI after being pulled over on Route 128 Southbound. Hargrave was also charged with failing to stay within marked lanes and Failure to Stop for a Police Officer. The case is now pending in the Salem District Court.

Read Article:

Second Offense Operating Under The Influence Charged Against Hamilton, Massachusetts Man

While there is a tremendous amount of detail missing from this article there may be a silver lining for Hargrave's case. If he refused to take the Field Sobriety Tests and if he refused to take the Breathalyzer Test then the only case against him is likely the police officer's observations. Experienced Criminal Defense Lawyers are able to quickly educate jurors about the commonality of police officers' testimonies in cases like this one. The officer will offer the following at trial: 1) that he observed the defendant operating his vehicle in an erratic manner; 2) that when he made the stop of the driver he smelled the odor of alcohol on his breath; 3) the he did not properly respond to the officer's commands; 4) that he appeared unsteady on his feet; 5) that his speech was slurred and 6) that his eyes were red and bloodshot. The defense attorney will show the jury how these subjective observations are common to all officer stops. Almost every OUI police report that I have seen reports this same pattern of detail for the "run of the mill" drunk driving case. This testimony is impeachable and jurors immediately see the doubt in the prosecutor's case. If Hargrave was not impaired he will produce witnesses with whom he was with prior to the arrest and whom he contacted after the arrest to vouch for his sobriety. Cases like this one are usually very triable.

Continue reading "Hamilton Massachusetts Man Charged With OUI Second Offense After Stop On Route 128 South" »

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" »

This past Saturday Nicko Castaneda was driving a Saturn in Framingham, Massachusetts. Just after 3:00 p.m. Castaneda rear ended a man on a motorcycle on School Street. Apparently the man was attempting to take a turn into the Walgreen's parking lot on that street. The impact of the crash sent the victim about seventy two feet before it and the Saturn stopped. The motorcycle was found partially underneath Castaneda's car. When the police arrived at the accident scene they noticed that Castaneda had trouble standing. He admitted to drinking eight beers. A breathalyzer test was administered. The result showed that Castaneda had a blood alcohol content of .21, more than two and one half times the legal limit. The victim suffered serious injuries. Castaneda was charged with OUI Second Offense, OUI Serious Bodily Injury and Operating to Endanger. The case is pending in the Framingham District Court. Bail was set at one thousand dollars.

Read Article:

Framingham Man Charged With Second Offense DUI

Castaneda is in a lot of trouble. Just this past February he was convicted of his First Offense OUI in the Dedham District Court. For that case the best scenario would have been a "24D" disposition wherein the case was continued without a finding for one year and certain statutorily mandated probationary conditions. Now however the probation department in Dedham will likely move to surrender Castaneda. A judge can convert the continuance without a finding to a guilty and impose a two and one half year jail sentence. On the new case the defendant is looking at a second offender disposition or a mandatory thirty day jail sentence and a potential two and one half year jail sentence.

Continue reading "Framingham Massachusetts Man Charged With OUI Serious Bodily Injury " »

Law enforcement authorities allege that David Dibenedetto of Carver, Massachusetts was involved in a car crash in Hanson yesterday. Apparently the police received a call about the crash and were able to locate Dibenedetto a short distance away in the town of Pembroke. Dibenedetto was arrested and charged with OUI, Second Offense, Leaving the Scene of an Accident, driving with a revoked license and negligent operation of a motor vehicle. He is being held at the Plymouth County Jail on a two thousand dollar cash bail.

Read Article:

Second Offense DUI For Southeastern Massachusetts Man Involved In An Accident

A two thousand dollar cash bail is considered high for a second offense OUI in general. However, usually when an accident occurs bail will increase. If you leave the scene after an accident and are charged with DUI in Massachusetts then you can bet the bail will be even higher. Given the circumstances of this case this bail is quite reasonable. For the second offense Dibenedetto is looking at a thirty day minimum mandatory jail sentence. If he is convicted of the leaving the scene as well as the OUI it would not surprise me to see some additional time added to the sentence. Here are some factors that will no doubt come into play when deciding whether or not to take this case to trial. Was there a breathalyzer test taken and what was the result? Did Dibenedetto take any field sobriety tests? What did the civilian witnesses see? How did the accident occur?

Continue reading "Massachusetts Man Charged With OUI 2nd, Leaving The Scene" »

On March 29, 2009 at 2:20 a.m. Stephen Lucas was found passed out behind the wheel of his minivan. His nine year old son was asleep in the seat beside him. When the police awakened him Lucas told them "he was just having some fun with his kid". A half empty whiskey bottle was found inside the car also. Lucas was charged with OUI Child Endangerment, Driving to Endanger and OUI Second Offense. He pleaded guilty and received a two year suspended jail sentence on the child endangerment and driving to endanger. The second offense DUI was continued without a finding. The first offense OUI was twenty four years old.

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No Jail Time For Massachusetts Man Convicted of Child Endangerment, Second Offense OUI

The penalties for second offense OUI in Massachusetts are sixty days in jail, thirty of which are mandatory. There are fines, court costs and a loss of license associated with a conviction for this crime also. The sentence imposed cannot be under the minimum mandatory thus tying a judge's hands in the event he or she does not feel that a jail sentence is appropriate. There is an exception to this rule that the judge in this case embraced. If the first conviction is ten years old or older the second offense can be treated as a first offense and the case can be continued without a finding along with the imposition of the alternative "24D" disposition. Child endangerment requires the imposition of a ninety day house of correction sentence. Even though the sentence can be suspended the person will have a misdemeanor record if convicted of this crime.

Continue reading "Massachusetts Man Convicted Of OUI And Child Endangerment Avoids Jail" »

Carrie Featherstone 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.

Continue reading "Massachusetts Woman Receives Probation For Second Offense OUI, Child Endangerment" »

Susan Belanger is really lucky and probably has a great lawyer. The 50 year old Pembroke, Massachusetts woman was arrested and charged with a Second Offense OUI. It was reported that cell phone callers observed Belanger driving erratically. The police were notified and observed some of Belanger's driving pattern. She was followed to her home where she was confronted and ultimately arrested. She admitted to having only one glass of wine and was brought to the Pembroke Police Station where she requested a breathalyzer test. The machine was not working. Consequently she was taken to the Hanson Police Station but was not permitted to take a breathalyzer test there. A judge sitting in the Plymouth District Court ruled in her favor on a motion to suppress evidence obtained after her arrest. The motion was allowed. Now the district attorney will be limited to prosecute this case only with evidence that preceded the arrest.

Evidence In Second Offense DUI Suppressed In Massachusetts Court

Interestingly enough, Massachusetts Courts have ruled that G.L. c. 90 Section 24 by its terms does not confer the right to a breathalyzer test on someone arrested for driving under the influence. Rather, it provides protections if the police choose to administer a breathalyzer test. If one is not offered the prosecution loses its statutory presumptions of intoxication; the .08 or greater that can suggest impairment. Of course, if that is the case then there can be no license suspension for refusing or failing the breathalzyer test and a conviction will be more difficult to sustain. This would hold particularly true in this case where Belanger demanded a breathalyzer test.

Continue reading "Evidence In OUI Case Suppressed In Massachusetts Where Cops Refuse To Give Breathalzyer Test" »