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.
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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.
Attorney Stephen Neyman is a Massachusetts DUI Defense Lawyer with over twenty years defending drunk driving cases in Massachusetts. We have engaged toxicologists and accident reconstructionists to assist in many of our cases, particularly those resulting in death or serious bodily injury. If you have been charged with OUI in Massachusetts call us now at 617-263-6800 or contact us online.