DUI / OUI / Drunk Driving

Boston Police Make DUI Arrest After Man Tried Driving Down Stairs

Published on: March 1, 2011 | by Lefteris K. Travayiakis, Esq.

Boston Police Officers on routine patrol nearby had their attention drawn to a car that was parked on the steps of an East Boston building, and ultimately arrested the driver on Massachusetts DUI / OUI Charges when he drove the car down the steps.

Ariel Pineda, 18, was the alleged driver of the car, and was arraigned in East Boston District Court on drunk driving charges of Operating a Motor Vehicle Under the Influence of Alcohol.

Boston Police reported that they heard a pedestrian yell at the driver to get out of the car and they observed the car atop the steps of a building located on Border Street in East Boston. Three passengers got out of the car, but the driver, Ariel Pineda, allegedly decided to drive the car down the stairs.

City Employee Charged with Drunk Driving in Attleboro

Published on: February 24, 2011 | by Lefteris K. Travayiakis, Esq.

William T. O’Connell, 55, was arrested last weekend on Massachusetts Drunk Driving Charges after he allegedly sideswiped a car in Attleboro. He was arraigned earlier this week on 1st Offense DUI / OUI and Drunken Driving to Endanger.

According to the Attleboro Police Department, O’Connell, who works as a truck driver for the City of Attleboro, sideswiped a car in the early afternoon hours this past Saturday. Following his arrest, O’Connell reportedly submitted to a Breathalyzer Test which yielded a reading a reading of 0.24%, three times the legal limit.

As with all Massachusetts DUI / OUI Charges, the penalties of a conviction on these charges can be devastating; and are increasingly more severe with each subsequent conviction.

Taunton Man Arrested on Fourth Massachusetts OUI Charge

Published on: February 16, 2011 | by Lefteris K. Travayiakis, Esq.

Jason Pepin, 38, was arraigned Monday in the Taunton District Court on Massachusetts OUI Charges, including Operating Under the Influence of Alcohol, 4th Offense; Failure to Stop for Police; Negligent Operation of a Motor Vehicle; and Resisting Arrest.

Pepin was arrested early Monday morning after he allegedly led Taunton Police Officer on a “slow-speed chase”. According to the Taunton Police Department, Pepin drew police attention when an officer saw him allegedly make an illegal left turn while also going through a stop sign.

When the Taunton Police Officer activated his lights and tried to pull him over, Pepin allegedly continued for a short while until he finally stopped ‘abruptly’, which also forced the officer to slam his brakes and veer in order to avoid rear-ending Pepin. At that point, when the officer got out of car and began to approach, Pepin allegedly fled.

Woman Charged with Massachusetts DUI Had Infant in Back Seat

Published on: February 13, 2011 | by Lefteris K. Travayiakis, Esq.

Lyndsey Bessette, 27, of Dighton, was arrested in Rehoboth and charged with Massachusetts Drunk Driving Crimes for allegedly driving recklessly with her infant daughter in the backseat. Bessette was arraigned this past Thursday on charge of 2nd Offense Operating a Motor Vehicle While Under the Influence of Alcohol, Reckless Driving, and Reckless Endangerment of a Child.

According to the Rehoboth Police Department, a passing motorist called 911 to report that white SUV was driving erratically. When Rehoboth police officers located and pulled Bessette’s SUV over, she allegedly told the officer she ad “too much” to drunk. She was immediately placed under arrest and her infant child, whom she had in the backseat, was taken to the police station until she was later picked up by Bessette’s family.

Following her arraignment in the Taunton District Court, Bessette was released after posting $5,000 cash bail.

Somerville Man Charged with Motor Vehicle Homicide for Drunk Driving Crash

Published on: February 11, 2011 | by Lefteris K. Travayiakis, Esq.

Richard Migliacci, 37, of Somerville, has been indicted by a Middlesex County Grand Jury on Massachusetts Drunk Driving Charges in connection with the motorcycle crash in Somerville this past July that resulted in the death of his passenger, Sinead Lovette, 29, of Braintree.

Migliacci has been charged with Operation of a Motor Vehicle While Under the Influence of Alcohol; Negligent Operation of a Motor Vehicle; Leaving the Scene of An Accident After Causing Death; and Motor Vehicle Homicide.

The Middlesex County District Attorney’s Office alleges that, on July 9, 2010, Migliacci was riding his motorcycle on Route 28 in Somerville at a high rate of speed while he had Sinead Lovett as the rear seat passenger. Traveling at a high rate of speed, he is alleged to have gone through a red light, and while attempting to cut off an oil tanker, striking the median.

Chelsea Man Arrested for DUI / Drunk Driving Hit & Run Death of Revere Man

Published on: January 28, 2011 | by Lefteris K. Travayiakis, Esq.

Luis Gabriel Escalante, 22, was arraigned yesterday morning in the Chelsea Division of the Boston Municipal Court on Massachusetts Drunk Driving Charges.

Escalante was formally arraigned with Operating Under the Influence of Alcohol, Leaving the Scene of an Accident After Causing Death, and Motor Vehicle Homicide.

According to the Chelsea Police Department, Escalante allegedly struck and killed Julio Vaquerano this past December after driving while intoxicated with alcohol. Vaquerano was found suffering from major injuries in the area of Blossom and Maple Streets in Chelsea, and was pronounced at Massachusetts General Hospital. His injuries were reportedly consistent with being hit by a car.

Somerville Taxi Driver Charged with DUI / Drunk Driving in Boston

Published on: January 27, 2011 | by Lefteris K. Travayiakis, Esq.

Tyler A. Bryan, of Somerville, was arrested this morning on Massachusetts Drunk Driving Charges after he allegedly ran his taxi into a snowbank in the Brighton section of Boston.

Bryan was charged with Operating Under the Influence of Alcohol and Negligent Operating of a Motor Vehicle.

According to the Massachusetts State Police, Bryan allegedly drove his car into a snowbank on Soldiers Field Road. Police found him behind the wheel of the Somerville Green Taxi Cab with his head allegedly bobbing up and down and his eyes drooping shut.

Massachusetts Supreme Court Rules Simply Putting Key In Ignition Enough for DUI / Drunk Driving

Published on: January 26, 2011 | by Lefteris K. Travayiakis, Esq.

In the recent case of Commonwealth v. Robert McGillivary, the Massachusetts Supreme Court addressed the legal issue as to whether an intoxicated driver, who only puts the key in the vehicle’s ignition without turning the car on, can be found guilty of Drunk Driving in Massachusetts.

By way of background, Robert McGillivary was convicted after trial of Operating Under the Influence of Alcohol. At trial, the evidence presented by the prosecutor was simply that he was found in the passenger’s seat of the car and had turned the ignition key once to activate the car’s power – but not further to turn the car on. At some point, the defendant testified that he had moved from the passenger seat to the driver’s seat, but did not recall ever putting the keys in the ignition. He ultimately found by the police slumped over the steering wheel. At his trial, there was absolutely no evidence that he actually drove the car at all.

McGillivary was convicted after trial and he appealed his conviction arguing that simply turning the car’s power on was not “operation” for purposes of the crime of Operating Under the Influence of Alcohol or Drugs.

Holbrook Man Charged With DUI in Dorchester Crash

Published on: January 24, 2011 | by Lefteris K. Travayiakis, Esq.

Patrick Fay, 24, of Holbrook, was arrested and faces Massachusetts DUI / Drunk Driving Charges after he allegedly left the scene of an I-93 rollover in Dorchester that left his girlfriend in critical condition on Sunday night.

Fay was arraigned this morning in the Dorchester Division of the Boston Municipal Court and charged with Operating a Motor Vehicle While Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and Leaving the Scene of an Accident with Personal Injury.

According to Massachusetts State Police and the Suffolk County District Attorney’s Office, Patrick Fay was allegedly driving on I-93 in Dorchester when he hit a snow bank around 1:00 a.m.. The car flipped over, and Fay’s girlfriend, Alyssa Connolly, was reportedly not wearing her seatbelt and was ejected from the car.

Massachusetts Bus Driver Charged With DUI in Somerville

Published on: January 23, 2011 | by Lefteris K. Travayiakis, Esq.

John McCarthy, 61, of Somerville, Massachusetts, was charged with Drunk Driving / DUI after he allegedly drove the MBTA bus he was operating into a car stopped at a red light in Somerville.

McCarthy was arrested this past Friday by Somerville Police and is expected to be arraigned on charges of Operating Under the Influence of Alcohol tomorrow.

According to the MBTA and Somerville Police, McCarthy was allegedly found in the driver’s seat of the bus, slouched over the steering wheel with his foot on the brake. An MBTA Police Officer who responded to the accident allegedly observed the bus to be still in drive. An open bottle of vodka was allegedly found in McCarthy’s possession.