DUI / OUI / Drunk Driving

Court Documents Admitted in Drunk Driving Trial Not Violative of Sixth Amendment’s Right to Confrontation

Published on: April 5, 2010 | by Lefteris K. Travayiakis, Esq.

If you have been following this blog, you have seen several recent posts about criminal convictions being reversed as a result of the Melendez-Diaz and Crawford decisions. These decisions have dramatically changed the landscape of permissible ‘testimonial’ evidence against a defendant at trial, but the scope of these decisions is limited.

In the recent case of Commonwealth v. Dale McMullin, the Massachusetts Supreme Judicial Court pulled the reigns, so to speak, on the scope of Melendez-Diaz. The criminal defendant in this case was charged with several drunk driving related offenses, including Operating of a Motor Vehicle While Under the Influence of Liquor, Fourth Offense (M.G.L. c. 90, section 24(1)(a)(1); Operating After Suspension, Second Offense (M.G.L. c. 90, section 23); and Failure to Stop for a Police Officer (M.G.L. c. 90, section 25). After his criminal conviction, the defendant appealed challenging the admissibility, competency and sufficiency of the public records used to establish his prior convictions.

Although the defendant acknowledged that the admissibility of Registry of Motor Vehicle records was permitted by Commonwealth v. Maloney, he argued that the Maloney decision was based on the Confrontation Clause analysis in Commonwealth v. Verde, which was later overturned by Melendez-Diaz.

Hit & Run In Boston Leads to Drunk Driving Arrest in Brookline

Published on: March 24, 2010 | by Lefteris K. Travayiakis, Esq.

Bonnie McCullough, 31 of Cambridge, was arrested for several drunk driving charges last Friday by Brookline Police after an alleged hit and run incident. Driving in the Allston area of Boston, McCullough is alleged to have hit a man’s car without stopping.

The man, who witnessed the incident, got in his car and, while on the phone with Brookline Police, chased McCullough into Brookline, where he was able to get her to pull over and take her keys until Brookline Police arrived.

After Brookline Police responded, McCullough reportedly admitted to drinking several beers and hard alcohol. She was arrested for Operating Under the Influence of Alcohol and Leaving the Scene of an Accident with Property Damage. At the time of her arrest, it was also discovered that she had less than an ounce of marijuana and was further issued a Civil Citation.

Marblehead Teen Charged with Vehicular Homicide in Death of Salem Woman

Published on: March 22, 2010 | by Lefteris K. Travayiakis, Esq.

Christopher Maxson, 19, of Marblehead, was arrested last night after he collided with a car on Eastern Avenue in Lynn and then struck several parked cars before rolling over. As a result of the crash, Julia Gauthier, 19, of Salem, was ejected from the sunroof and died from her injuries.

Maxson was arraigned today in Lynn District Court on various drunk driving charges, including Reckless Operation of a Vehicle and Motor Vehicle Homicide.

The Lynn Police Department responded to reports of a motor vehicle crash with injuries at Eastern Avenue and Glenwood Street in Lynn, near the Swampscott line, at 1:00 a.m. Besides, Maxson and Gauthier, there were two other passengers in the vehicle.

Malden Man Arrested for Carjacking Arraigned in Boston Court

Published on: February 24, 2010 | by Lefteris K. Travayiakis, Esq.

A Malden man was arraigned yesterday for Carjacking charges in Boston Municipal Court for allegedly accosting an Arlington woman in a parking garage in the early afternoon hours on Monday. Michael Fitzpatrick, 52, of Malden, allegedly pointed a handgun at her and demanded her car.

The woman complied with the demand and threw her keys at him before running away. Two other women witnessed the incident and safeguarded the victim in their vehicle before driving away. When they reached the cashier’s gate of the garage, however, the carjacker drove up behind them and smashed through the entrance gate to exit the garage.

Not too long thereafter, Michael Fitzpatrick collided with a taxi cab at North Street and Cross Street in Boston. He drove away from that crash before again crashing, this time with a tree on Commercial Street in Boston, Massachusetts.

Boston Firefighter Arrested for OUI, Assault & Battery Charges

Published on: February 16, 2010 | by Lefteris K. Travayiakis, Esq.

A lieutenant in the Boston Fire Department was arrested this past weekend in what has been described an outright drunken road rage incident. Braintree Police have charged Paul Souza with several criminal offenses, including Operating Under the Influence and three counts of Assault & Battery.

After cutting off another car in Braintree, Massachusetts, the Boston firefighter is accused of forcing that car to stop, which was occupied by a couple and their son. Paul Souza is then alleged to have shouted obscenities at the other car, punching through the driver’s side window, and then speeding off. The other driver chased the Boston firefighter while calling police on his cell phone.

Although Mr. Souza tried to escape capture from police with sharp turns down side streets, he was eventually stopped and arrested. Braintree Police wrote in their report that he was uncooperative and could smell alcohol on his breath.