A Dedham man was arraigned in Boston’s Roxbury District Court on several Massachsuetts Drunk Driving Charges in connection with the accident and death of a Dorchester woman this past weekend. He was charged with Motor Vehicle Homicide by DUI / OUI; Operating Under the Influence of Alcohol; and Negligent Operation of a Motor Vehicle.
According to the Suffolk County District Attorney’s Office and Boston Police, Avendano was allegedly operating his car when it collided into a tree on the Riverway in Boston. The rear passenger, a female, reportedly sustained injuries and was treated at a Boston hospital; while the front seat passenger died from her injuries.
The Boston Police reported that the rear passenger allegedly told them that the three had been out drinking at a bar in Allston, and that Avendano was allegedly speeding when he lost control of the vehicle.
The Massachusetts State Police Reconstruction team arrived on scene and state troopers also alleged that Avendano’s eyes were allegedly red and glassy and he smelled of alcohol.
Following his arraignment, Avendano was held on an extremely high bail of $100,000.
The Massachusetts DUI Crime of Vehicular Homicide is punishable by imprisonment for a minimum of 1 year to the House of Corrections and up to 15 years in state prison.
Although at first glance this case may seem like a slam dunk for the prosecution, the government has a heavy burden in proving the necessary elements for the crime of Vehicular Homicide by DUI / OUI, which are:
- That the defendant operated of a motor vehicle;
- On a public way;
- That the defendant operating the vehicle while under the influence of alcohol;
- In a manner that was reckless or negligent so that the lives of the safety of the public might have been endangered; and
- That such operation ultimately caused the death of another person.
Under Massachusetts OUI / DUI Law, ‘being under the influence’ means that the defendant’s ability to operate a motor vehicle safely was impaired – in other words, that he had consumed enough alcohol to reduce his mental clarity, self-control and reflexes, leaving him with a reduced ability to drive safely.
Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Law Violations, including Vehicular Homicide by OUI / DUI, Operating Under the Influence of Alcohol; and Reckless Driving.
To schedule a Free Consultation, Click Here to Contact a Massachusetts OUI Lawyer or call 617-325-9500.
Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.