Boston DUI Lawyers Blog
A Massachusetts State Police Trooper was indicted this past week by a Plymouth County Grand Jury in connection with an accident last year that resulted in the death of Susan Macchi and her daughter, Juliet Macchi, 23. The trooper was charged with vehicular homicide while operating under the influence of alcohol, negligent operation, and carrying a firearm while intoxicated.
A trooper since 2012, he is alleged to have struck the victims car on in Plymouth and to have been driving with a blood alcohol content of 0.19% on his way home after leaving a party. The presumptive ‘limit’ in Massachusetts is 0.08%. Although there weren’t any witnesses to the accident, Plymouth police have reportedly alleged that the trooper’s car crossed into the oncoming lane.
Vehicular Homicide by OUI / DUI in Massachusetts is punishable by imprisonment to state prison for a minimum of 2.5 and a maximum of up to 15 years.
Like all OUI / DUI charges, in order to be convicted of this offense the Commonwealth must prove that the defendant operated the vehicle while under the influence of an intoxicating substance. This means that the defendant was intoxicated to such a degree by the alcohol or substance that his ability to operated the vehicle safely was impaired.
Additionally, the prosecutor must also prove that the operation occurred on a public way; that the defendant operated in a negligent manner; and caused the death of another person as a result.
Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts DUI / OUI Charges.
Contact a Boston DUI / OUI Lawyer or call 617-325-9500.