Articles Posted in 1st Offense OUI DUI

Joyce Whitman of Whitman, Massachusetts was involved in a one car crash last Friday shortly after midnight. Police found her car on its roof where it had come to rest after hitting a dumpster and a telephone pole. When the police arrived the car was on fire and the defendant still inside. It took approximately twenty minutes to extricate her from the wreckage. The defendant is facing charges of Negligent Operation of a Motor Vehicle and OUI in the Brockton District Court. The defendant sustained injuries requiring hospitalization.

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Massachusetts Woman Involved In Rollover Charged With DUI, Other Motor Vehicle Offenses

Cases like this one are usually proved by evidence that the defendant’s blood alcohol level exceeded the legally permissible level. Without this evidence the case would be extremely difficult to prove. The article makes clear that there have been several accidents at this location over the years. This fact makes it difficult to prove impairment based on the crash alone. Rather, the blood sample taken and tested at the hospital will determine the viability of this prosecution. If the blood sample was properly taken and there is no issue of contamination this case might be difficult to defend. If on the other hand the blood was not processed properly defense lawyers will look to exclude the blood test results. If the defendant’s criminal defense lawyer is successful getting the blood results excluded this case might be very difficult to prosecute.

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Recent studies have shown that driving while texting, DWT, makes the chance of getting into an accident fifty percent greater. By many this act is considered more dangerous than OUI. California has now passed a law that bans cell phone use by drivers. New York maintains that position as does Connecticut, New Jersey and Washington. Fourteen states have now banned texting while driving. Some states ban cell phone use for novice drivers or school bus drivers, For many of these states all the police need to do is see the driver on his phone while he is driving to issue the citation. Others need another reason to stop the driver such as speeding or other infractions. There is now a device available that jams cell phone signals in cars once the ignition is turned on. Many people who have been drinking are pulled over due to erratic motor vehicle operation that is caused by texting while driving. It is only a matter of time before Massachusetts will implement one of these laws.

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States Other Than Massachusetts Believe That Driving While Texting (DWT) Might Be More Dangerous Than DUI

Once Massachusetts passes a ban on DWT a violation of the law will probably be considered a civil infraction. This could result in fines, license suspensions or revocations and surcharges on your insurance. It will be interesting to see how this law comes into existence in this state.

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On July 4, 2009 eighteen year old Dana Barczewski, a Newton, Massachusetts resident rear ended a woman while driving in Burlington. Apparently two witnesses reported that Barczewski cut them off and almost hit a utility pole. She continued driving, striking the victim’s car. She was then seen searching her car and throwing an object into the bushes near the accident. The responding officer located a bottle of Patrone Tequilla. Barczewski was given four field sobriety tests which officers claim she failed. She was then arrested and at the Burlington Police station she blew a .10 and a .12 on the Breathalyzer Test. The case charging Barczewski with OUI is now pending in the Woburn District Court.

Newton, Massachusetts Woman Charged With OUI

This is one of those cases that is very difficult to successfully try. Anytime you have the combination of independent witnesses observing erratic driving, an accident, an attempt to conceal partially consumed alcohol, failed field sobriety tests and a breathalyzer reading of .08 or higher you are going to have problems convincing a judge or a jury to acquit your client. While these factors sitting alone are often subject to a successful challenge, collectively they create an enormous hurdle for the defense to jump. If this is the defendant’s first offense she will likely receive the “24D” alternative disposition and her operating privileges might be restored shortly if a hardship license is granted.

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About a week ago police in Newton, Massachusetts flagged down a police cruiser. He was with a woman who he claims hit his car with hers and fled the scene shortly after midnight on July 3, 2009. The man told the police that he witnessed the woman’s vehicle hit a mirror on his car after which the woman took off. The man followed her and managed to get her to stop. The two exchanged information about the accident. The woman claimed that she did not know that she struck his car. When the police arrived they detected signs of intoxication. The woman, Joanne Emerly admitted to drinking three glasses of wine. The police arrested her and charged her with OUI.

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DUI Charges For Newton, Massachusetts Woman Who Fled Accident Scene

If the defendant in this case truly did have only three glasses of wine then she may have a triable case. A “typical” glass of wine is four ounces. The “typical alcohol percentage” of wines is 8% to 10%. Calculating blood alcohol can be done using a tool known as the Widmark Formula. There are several webistes that use this formula and provide a blood alcohol calculator. Here is an example of how the formula works. You enter the weight of the subject into the calculator along with the amount of drinks consumed, the time period over which they were consumed, the size of the drink consumed and the percentage of alcohol in the drink. So, according to this formula, if the defendant in this case had three glasses of wine (four ounces each) over a two hour period and she weighed one hundred thirty pounds her blood alcohol level would be a .068. This is under the legal limit. This also assumes that the wine she drank had the maximum percentage of alcohol allowed by law which is fourteen percent. Knowing these factors is critical to preparing a strong defense to an OUI case.

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