Boston DUI Lawyers Blog

6th Massachusetts DUI Arrest for Holliston Man

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

Frank Ceccaroni was arrested earlier this week on several Massachusetts Drunk Driving Charges after he allegedly drove a stolen car at high speeds and crashed into a truck on I-93 in Stoneham. Ceccaroni was arraigned in Woburn District Court on several DUI / OUI Charges, including Operating Under the Influence of Alcohol, 6th Subsequent Offense, Receiving Stolen Motor Vehicle, and Reckless Driving.

According to the Middlesex County District Attorney’s Office at his arraignment in Woburn District Court, Frank Ceccaroni allegedly rear-ended a stolen car into a truck on I-93. The estimated speed in which he was traveling, estimated at over 130 miles per hour, caused the Ceccaroni’s car to get stuck under the truck at impact. The car, with Ceccaroni in it, was reportedly dragged some distance before the driver of the truck was able to pull over into the breakdown lane.

Massachusetts DUI / OUI 5th or Subsequent Offense carries not less than 2.5 and up to 5 years in state prison. A person convicted of this offense would also face a lifetime revocation of his driver’s license, and the District Attorney’s Office could also seek forfeiture of the vehicle.

Massachusetts Grandmother Charged with DUI Alcohol, Drugs & Child Endangerment

Published on: June 7, 2011 | by Lefteris K. Travayiakis, Esq.

Christina Casten, 63, of Hopkinton, was arrested by Framingham Police last night for on various Massachusetts OUI Charges for allegedly driving under the influence of alcohol and prescription drugs with her 8 year old grandson in the car.

Casten was arraigned in Framingham District Court this morning on several OUI / DUI Charges, including Operating Under the Influence of Alcohol, Driving Under the Influence of Drugs, Child Endangerment while Driving Under the Influence of Alcohol or Drugs.

According to the Framingham Police Department, Christina Casten allegedly admitted to having drank two glasses of wine, as well as having taken two prescription pills.

5th Massachusetts Drunk Driving Charge for Hanson Man

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

Robert Hennessey, 54, of Hanson, was arraigned this morning in Brockton District Court on Massachusetts DUI Charges following his arrest in Whitman after a crash and allegedly leaving the scene. He was charged with Operating Under the Influence, 5th Subsequent Offense, Driving With a Suspended License for OUI, and Leaving the Scene of an Accident.

According to Whitman Police, Robert Hennessey allegedly rear-ended a car in Hanson and failed to stop to make his identity known. Following the crash, he allegedly continued driving into Whitman, but was reportedly following by the driver whose car he hit. Whitman police pulled Hennessey over, and reported that a strong odor of alcohol.

After being pulled over, Hennessey exercised his right and refused to submit to any Massachusetts Field Sobriety Tests. In Massachusetts, your refusal to submit to any Field Sobriety Tests and/or a Breathalyzer Test Refusal is not admissible at trial.

Massachusetts State Trooper Struck by Drunk Driver

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

A Massachusetts State Police Trooper, Brian Quigley, was allegedly hit by a drunk driver traveling in the opposite lane on Morrissey Boulevard in Boston this past weekend. The driver of the car Weymouth resident Cara R. Dellabarba, 28, was arrested on Massachusetts Drunk Driving Charges, including Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and Leaving the Scene of an Accident Causing Personal Injury.

According to the Massachusetts State Police, Trooper Brian Quigley was traveling north on Morrissey Boulevard when a car allegedly operated by Cara R. Dellabarba came at him on the wrong side of the street. Although the Trooper reportedly turned on his wig wag lights, Dellabarba swerved her car in the direction of the trooper and ultimately struck his car.

After the accident, Cara Dellabarba reportedly submitted to Field Sobriety Tests, which she allegedly failed.

Massachusetts Supreme Court Rules on Breathalyzer Evidence in DUI Cases

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

The Massachusetts Supreme Judicial Court recently ruled that technicians who performed the certification tests on Breathalyzer Test Machines are not needed to testify at trial in Massachusetts Drunk Driving Cases. In the case of Commonwealth v. Zoanne Zeininger, the state’s highest court held that certification tests of Breathalyzer Machines are admissible in evidence as business records, and are not testimonial statements triggering the 6th Amendment Right of Confrontation.

Zoanne Zeininger was arrested in 2007 for Operating Under the Influence of Alcohol. At the station, Zeininger submitted to an Alcohol Breath Test and gave two readings, each registering 0.10%. She was convicted after trial and appealed the conviction claiming that her constitutional rights were violated as to the evidence of the Breathalyzer Test being admitted into evidence without the live testimony of the technician who performed the certification tests on the machine.

The basis for Zeininger’s argument was, in large part, based on the alleged violation of her 6th Amendment Right to Confront the witnesses against her. In support, Zeininger claimed pointed to the cases of Crawford v. Washington and Melendez-Diaz, which records of testimonial statements require live testimony of the proponent of such statement to satisfy the defendant’s Right of Confrontation. In Melendez-Diaz, for example, the United States Supreme Court held that certificate of drug analyses, prepared by chemists when testing whether a particular item is a controlled substance, are testimonial in nature and, in order to be admissible, the drug lab experts should be called to testify.

Braintree Police Arrest Quincy Man Driving U-Haul for DUI Drugs

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

Anthony M. Mahoney, 25, of Quincy, was arrested Monday night in Braintree on Massachusetts Drunk Driving Charges for allegedly driving a U-Haul truck while high on drugs. He was charged with Operating Under the Influence of Drugs.

According to the Braintree Police Department, a driver called police on Monday night and complained that he was nearly forced off the road by a man driving a U-Haul truck. Officers responded to the area located the U-Haul truck in the area of Elm and Middle Streets in Braintree.

The driver, according to Braintree Police, had signs of ‘impaired operation’, but the officers did not detect any smell of alcohol. The officers then had Anthony Mahoney exit his vehicle to perform Field Sobriety Tests, and while doing so, officers searched the U-Haul. As a result of the search, police allegedly found residue of a white substance on the center console of the truck, as well as the corner of a torn baggie, which police allege is “commonly used to package narcotics”.

Abington Woman Arrested for Drunk Driving Hit & Run Arraigned in Brockton District Court

Published on: May 19, 2011 | by Lefteris K. Travayiakis, Esq.

Keryn LeBlanc, 46, of Abington, was arrested on Massachusetts Drunk Driving Charges following an alleged hit and run accident late Tuesday evening. LeBlanc was arraigned in Brockton District Court on DUI charges including Operating Under the Influence of Alcohol.

According to the Abington Police Department, Keryn LeBlanc was allegedly driving in the area of the Abington Town House. It appears that no one witnessed the alleged accident, and only that LeBlanc was located in her car a few hundred yards down the road, with the car having a front end and tire damage. With regards to the other two cars, Abington Police report that no one was in them at the time.

Abington Police further allege that Keryn Leblanc submitted to a Breathalyzer Test, which yielded a reading of 0.27%, more than 3 times the legal limit of 0.08%.

Worcester Man Charged with Motor Vehicle Homicide After Crashing Into Home

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

Hari Dhakal, 39, of Worcester, has been charged with several Massachusetts Driving Charges after he allegedly crashed his SUV into a home. He is summonsed to be arraigned in Worcester District Court on charges including Motor Vehicle Homicide and Negligent Operation of a Motor Vehicle.

According to Worcester Police, the occupant of home, Rosemary Turner, was struck when Dhakal’s car allegedly crashed into her house and pinned under the car. Another occupant who was near the doorway was also struck by the impact. She was freed from the crash 45 minutes later and taken to be treated at Umass Medical Center, where she died.

Dhakal reportedly claimed that as he was traveling, his brakes to his Nissan Pathfinder failed. Worcester Police, however, claim that, after physical and mechanical inspection of the vehicle, as well as review of the car’s “black box” with the assistance of the manufacturer, there was no evidence to support that the brakes had failed.

Amesbury Woman Charged with 2nd DUI Following Deadly Burlington Crash

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

Nicole Parziale, 39, of Amesbury, was charge with several Massachusetts Drunk Driving Charges following a crash in Burlington this weekend that resulted in four people injured and a Bedford man dead. At this time, she has been charged with Operating Under the Influence of Alcohol, 2nd Subsequent Offense and Negligent Operation of a Motor Vehicle.

According to the Massachusetts State Police, Nicole Parziale was allegedly driving on I-95 North when she crossed over several lanes of traffic and struck another car. From the collision, the other car was sent into the guard rail in the left lane. The driver of that car, Kayla E. Trenholm and her passenger, David N. Torrey, were taken to a Winchester Hospital for minor injuries.

Meanwhile, Nicole Parziale and the passengers in her car, Glenn Robichaud and Denis J. Splain, were also taken to a Burlington Hospital for their injuries. Glenn Robichaud, however, later succumbed to his injuries.

Milton Man Arrested for DUI Following Braintree Crash

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

Sam J. Mazur-McDonnell, of Milton, was arrested last Wednesday on Massachusetts Drunk Driving Charges following an accident in Braintree. He has been arraigned in Quincy District Court on DUI charges including Operating Under the Influence of Alcohol, Leaving the Scene of an Accident, Resisting Arrest and Disorderly Conduct.

According to the Braintree Police Department, Sam J. Mazur-McDonnell allegedly struck another car at the intersection of Granite and Pond Streets. The car that was struck, a Chevrolet Tahoe, was in the intersection but the other car was not in the area. Braintree Police were then directed by a witness to a nearby residential condominium complex, where they allegedly located Mazur-McDonnell.

It appears, however, that there was a question whether Mazur-McDonnell was actually the operator of the car at the time of the crash. If so, there may be a legitimate defense as to whether the Norfolk County District Attorney’s Office can prove the DUI / OUI Charges against him. Braintree Police report, however, that statements by two ‘female companions’, from Braintree and Jamaica Plain, suggested that Mazur-McDonnell was the driver.