Boston DUI Lawyers Blog

President Barack Obama’s Uncle Arrested for Drunk Driving in Massachusetts

Published on: August 30, 2011 | by Lefteris K. Travayiakis, Esq.

Onyango Obama, uncle to United States President Barack Obama, was arrested last week in Framingham and charged with allegedly violating the Massachusetts Drunk Driving Laws.

According to the Framingham Police Department, Obama was stopped last Wednesday when he almost collided with a police cruiser. After pulling him over, the officer reported that Obama’s speech was allegedly slurred, his eyes “red and glassy”, and then allegedly admitted to having drank two beers.

Framingham Police allege that Onyango Obama also failed Field Sobriety Tests, and was ultimately arrested for Operating Under the Influence of Alcohol.

Massachusetts Police Can’t Justify Drunk Driving Charges on License Plate Violations

Published on: August 18, 2011 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Supreme Court recently ruled that police cannot justify the stop of a vehicle on the basis of an obscured license plate slogan, and in the process, threw out the DUI / OUI charges the driver was arrested for.

In the case of Commonwealth v. Miller, a Massachusetts State Trooper pulled over a car because the slogan of the persons Massachusetts license plate, “The Spirit of America”, was partially covered. After pulling the car over, the trooper then arrested the operator for Operating Under the Influence of Alcohol, Third Subsequent Offense.

The Defendant in then challenged the constitutionality and justification of the state trooper pulling the car over, and ultimately succeeded in getting the charges thrown out. The Supreme Judicial Court agreed that, where there were no motor vehicle violations committed by the operator, there was no justification for the stop simply because the slogan of the license plate was covered.

Defending Massachusetts OUI / DUI When Driver Also Takes Prescription Medication

Published on: August 17, 2011 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Supreme Judicial Court recently decided a case where the defendant, charged with Operating Under the Influence of Alcohol, consumed alcohol but had also taken prescribed anti-depressant medication; and that she did not know that taking alcohol along with consuming her medication could result in any side effects, such as impairment.

The issue on appeal was whether the trial judge properly instructed the jury on the defense of involuntary intoxication.

In these types of cases, the Massachusetts Supreme Judicial Court held, where a person is charged with OUI / DUI and there is evidence of both the voluntary use of alcohol and of prescription medication, the jury should be instructed as follows:

Less than 50% of Massachusetts DUI Charges End in Convictions

Published on: August 15, 2011 | by Lefteris K. Travayiakis, Esq.

A recent review of the Massachusetts Registry of Motor Vehicle statistics on Drunk Driving Charges has revealed that less than 50% of all DUI / OUI Charges in the state result in convictions.

According to the Registry, for the three year period of 2006 through 2009, only 49% of drunk driving related charges ended up in convictions. Additionally, the conviction rate for all motor vehicle related crimes was between 52%-58% for that same period.

Data obtained from an independent agency reported that in 2009, there were a total of 12,369 OUI related arrests in Massachusetts. Of those, 108 involved alcohol-related fatalities; 12 of which involved drivers under age 21. Notably, between 1999-2009, drunk driving related fatalities in Massachusetts has dropped over 29%.

Framingham Man Charged with DUI After Crashing into Statue

Published on: August 6, 2011 | by Lefteris K. Travayiakis, Esq.

Joshua Wilgoren was arrested Friday on Massachusetts OUI Charges after allegedly crashing into a Minuteman statue in Framingham. He was charged with Operating Under the Influence of Alcohol.

According to the Framingham Police Department, Wilgoren lost control of his vehicle and struck the statue, which is reportedly 106 years old and one of only three Minuteman statues in Massachusetts. The other two Minuteman statues are located in Concord and Lexington; and interestingly, after the Framingham statue was made, the Massachusetts Legislature passed a law banning any further from being made.

Although there is no indication whether Joshua Wilgoren submitted to any Field Sobriety Tests or an Alcohol Breath Test, Framingham Police he allegedly admitted to having had a few too many to drink – if you believe that.

Dartmouth Man Charged with DUI in Fatal New Bedford Crash

Published on: August 4, 2011 | by Lefteris K. Travayiakis, Esq.

Patrick Coelho, 37, was arraigned this past Tuesday on Massachusetts Drunk Driving Charges after a crash with a motorcycle resulted in the death of the driver. Coelho was charged with Motor Vehicle Homicide; Operation of a Motor Vehicle Under the Influence of Alcohol, 4th Subsequent Offense; Leaving the Scene of an Accident After Causing Death; and Negligent Operation of a Motor Vehicle.

According to the Bristol County District Attorney’s Office, Patrick Coelho was allegedly drove threw two red lights and was following several cars too closely when he then struck a motorcycle driven by Michael A. Powers. Dartmouth Police officers reported that witnesses allegedly observed Coelho was trying to make a pass when he collided with the motorcycle. After allegedly striking the motorcycle, Coelho allegedly failed to stop, and witnesses claimed that the driver of the motor cycle was atop of the car while the vehicle dragged the motorcycle beneath it.

Patrick Coelho was on foot when he was apprehended by Dartmouth Police, and reportedly denied that he was driving any vehicle that night. Prosecutors allege, however, that Coelho had a set of Mercedes car keys on him and was holding two Vodka ‘nips’. He also allegedly failed Field Sobriety Tests and had a reading of 0.19% after submitting to a Breathalyzer Test.

Boston Special Needs Driver Charged with Drunk Driving

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

Addis Gabriel Wildeguiorguis, of Dorchester, was arrested on Massachusetts Drunk Driving Law Violations this morning after he crashed a van with 12 special needs individuals into a garbage truck. He was arraigned in Newton District Court on OUI / DUI charges including Operating Under the Influence of Drugs and Unlawful Possession of a Class B Substance, Crack Cocaine.

According to Newton Police and the Middlesex County District Attorney’s Office, Wildeguiorguis was driving a van for AART Transportation when he allegedly drove right into a garbage truck. Passengers in the van included 12 special needs individuals, who were being transported to a center to receive services or treatment.

Prosecutors allege that when police responded, Wildeguiorguis told officers he had ingested oxycodone pills. Following his alleged admission of having ingested the pills, he was arrested for DUI / OUI. A search of the van following his arrest allegedly yielded a crack pipe and a bag believed to contain crack cocaine.

Jamaica Plain Man Charged with OUI After Striking Boston Police Officer

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

Vinodkumar Patel, 58, of Jamaica Plain, was arraigned this week in the Boston Municipal Court on Massachusetts Drunk Driving Charges after he allegedly struck a bicyclist in a crosswalk and then a Boston Police Officer who was working a traffic detail.

Patel was charged with Operating a Motor Vehicle Under the Influence of Alcohol, 3rd Subsequent Offense. He was released on his own personal recognizance following his arraignment.

According to the Suffolk County District Attorney’s Office, Vinodkumar Patel was driving on Massachusetts Avenue in Boston last Thursday and stopped at a red light, about 100 feet short. Patel then allegedly drove through the red light and struck a bicyclist who was walker her bike across the street. The bicyclist was reportedly dragged by the car after being struck.

Man Facing OUI Charges After Crashing into Rehoboth Pizza Place

Published on: July 25, 2011 | by Lefteris K. Travayiakis, Esq.

Richard Blomgren, 30, was arrested for allegedly violating the Massachusetts Drunk Driving Laws after he crashed his car into a Rehoboth pizza place last Sunday night. Blomgren was charged with Operating Under the Influence of Alcohol; Failure to Stop for Police; Negligent Operation of a Motor Vehicle; and Malicious Destruction of Property.

According to reports, Rehoboth police attempted to pull over Richard Blomgren as he was allegedly speeding and passing in a ‘no passing zone’. Blomgren, however, allegedly accelerated and served into the parking lot of Plaza Pizza Restaurant, and eventually lost control and crashed through the restaurant.

There is no indication at this time what the specific basis the police had for the issuance of the OUI / DUI charges, including whether or not Richard Blomgren submitted to any Field Sobriety Tests or a Breathalyzer Test.

Chelmsford Man Charged with Vehicular Homicide by DUI After Killing Wife

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

Harry Conover, 73, was arraigned in Lowell District Court on Massachusetts Drunk Driving Charges after he allegedly drove into and killed his wife outside their Chelmsford home. He was arraigned on DUI charges including Operating Under the Influence of Alcohol, Second Subsequent Offense, Negligent Operation of a Motor Vehicle and Vehicular Homicide by Operating Under the Influence.

According to the Middlesex County District Attorney’s Office, Harry Conover and his wife, Sandra Conover, 73, reportedly got drove away after getting into an argument with his wife. His wife apparently followed him outside and Conover allegedly struck her as he was driving away. The District Attorney’s Office alleges that Conover initially continued driving but then came back after he reportedly saw his wife on the driveway. Prosecutors allege that Sandra Conover suffered a collapsed lung and blunt-force trauma to the chest and shoulder as a result of being run over.

According to the Lowell Police Department, Harry Conover allegedly admitted having had an argument with his wife, after which he had a few drinks of vodka. Lowell police report that Conover allegedly submitted to a Breathalyzer Test which registered a blood alcohol content of 0.09%, just over the legal limit; but then a second test yielded a blood-alcohol content of 0.06%, below the legal limit.