A 50 year old Taunton man was arrested by Massachusetts State Police Officers this past weekend and charged him with his 7th Massachusetts Drunk Driving Law Violation.
Howard Stockbridge was charged with OUI / DUI 5th Subsequent Offense, Leaving the Scene of an Accident, Operating Under the Influence of Alcohol After License Suspended for Previous OUI /DUI.
According to police, state police received calls concerning an accident on 495 in Foxboro. The callers alleged that man driving a truck struck a 2011 Kia Sorrento and then fled on foot through the woods.
Massachusetts State Police who had responded to the scene of the accident in Foxboro ran a check through the Registry of Motor Vehicles and found that the vehicle was registered to Howard Stockbridge. After witnesses reportedly identified his photo from the Registry of Motor Vehicles, he was subsequently located and arrested.
One of the key issues involved in this case is challenging the propriety of the alleged identification of the operator. In cases such as these, where the police conduct a purported identification procedure yet disclose only one photo to the witness for identification, these circumstances certainly raise a question of whether the identification procedure was fairly conducted.
In all Massachusetts criminal cases, identification of the alleged perpetrator is an essential element. The government in every case has the burden of proving, beyond a reasonable doubt, that the defendant is the individual who committed the alleged crime. Therefore, if an identification procedure is conducted unfairly, or is unduly suggestive in any way, would most likely increase the likelihood of a mistaken identification or conviction.
The issue of a possible mistaken identification is even more pronounced in the case of a DUI / OUI 5th or Subsequent Offense where the minimum-mandatory penalty is imprisonment of not less than 2.5 years and up to 5 years in state prison.
Boston DUI / OUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Law Violations, including OUI 5th Offense; Leaving the Scene of an Accident, and Operating with a Suspended License for OUI / DUI.
To schedule a Free Consultation, Click Here to Contact a Boston DUI Lawyer or call 617-325-9500.
Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.