A Centerville man was arrested for operating a vehicle under the influence of alcohol Nov. 7 after an accident that left his front bumper inside a package store. A witness called the police after seeing Bernard Kilroy, 27, drive his car through some bushes across a rotary and into the Hyannis Package Store on Main Street in Hyannis. According to the police report, Kilroy broke the front window of the building and stopped when the car was completely inside the store, but reversed and left the scene. However, he left an important piece of evidence: his front bumper, which included a license plate. The crash was also caught on a surveillance camera. The owner of the store, Cory Fitzgerald, said Kilroy broke or damaged about 2,000 bottles of wine and ruined a carpet, requiring help with the cleanup from “disaster specialists.” Kilroy was arrested in Centerville shortly after the crash.
Read article: Driver hits liquor store, leaves license plate
This article doesn’t specify exactly what Kilroy was charged with, but it’s safe to assume that OUI is among the charges. As a Massachusetts OUI defense attorney, the defenses I might recommend depend a lot on what evidence law enforcement has for such a charge. It sounds from the article like the evidence shows that Kilroy was responsible for the crash. However, it doesn’t necessarily follow that he was driving under the influence of alcohol during the crash. Without a breath or blood test, an experienced Massachusetts drunk driving defense lawyer might be able to show a jury that Kilroy’s actions don’t meet the legal definition of OUI in Massachusetts. If there is such a test and it implicates the defendant, a better bet might be to consider a guilty plea in exchange for participation in the 24D/alternative disposition program, which keeps defendants out of jail and substantially reduces their time without a driver’s license.
The Law Offices of Stephen Neyman defends people charged with operating under the influence in greater Boston and all of eastern Massachusetts. If you or someone you care about is charged, you should always know your options before pleading guilty. To set up a consultation, you can reach the office at (617) 263-6800 or send a message online.