Boston DUI Lawyers Blog

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.

Rockland Man Arrested on 4th Offense Drunk Driving Charges in Hingham

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

Charles J. Mitchell, 59, of Rockland, was arrested last Saturday on Massachusetts DUI Charges after police observed him driving through a stop sign. He has been charged Operating Under the Influence of Alcohol, 4th Offense and Reckless Driving.

According to the Hingham Police Department, an off-duty police officer allegedly observed Charles J. Mitchell run through two stop signs in Hingham, one on Central Street and the other on South Street. The officer pulled over Mitchell’s car and reportedly smelled a strong odor of alcohol coming from inside.

Mitchell was asked to exit the car and submit to several Field Sobriety Tests, which, according to Hingham Police, he allegedly failed.

Wilmington Driver Charged with DUI and Vehicular Homicide

Published on: February 22, 2011 | by Lefteris K. Travayiakis, Esq.

Charles McNeil, 43, of Wilmington, was arraigned this morning in Woburn District Court on Massachusetts DUI Charges for allegedly striking and killing a pedestrian. McNeil was formally arraigned on Operating a Motor Vehicle While Under the Influence of Drugs, 2nd Offense; Motor Vehicle Homicide; and Negligent Operation of a Motor Vehicle.

According to the Wilmington Police Department and the Middlesex County District Attorney’s Office, Charles McNeil was allagedly on anti-depressants when he was driving on Route 38 in Wilmington when he struck and killed Kim Forte. The accident occurred at the intersection of Main and Glen Roads this past Monday.

McNeil reportedly stopped at the crash scene, and when Wilmington Police Officers responded, he submitted to and allegedly failed two Field Sobriety Tests.

Massachusetts Court Clarifies Law on License Suspensions for Repeat DUI Convictions

Published on: February 20, 2011 | by Lefteris K. Travayiakis, Esq.

In a case recently decided by the Massachusetts Court of Appeals concerning the calculation of a driver’s license suspension as a result of DUI / OUI Charges, the Registry of Motor Vehicle must calculate the suspension period dating back to the date of conviction, and not the date on which the RMV is notified of the conviction.

In the case of Commonwealth v. William DiGregorio, the defendant had been convicted of Operating Under the Influence of Alcohol, 3rd Subsequent Offense in 2004 (in CT). He was previously convicted of drunk driving in Massachusetts in 1997, and in Connecticut in 2000. Massachusetts DUI laws provide for an 8 year loss of license upon a 3rd drunk driving conviction.

The Massachusetts Registry of Motor Vehicles, however, did not learn of the 2004 OUI conviction until December 26, 2007, and then sent him a letter advising him that, effective January 5, 2008, his license would be suspended for 8 years, or until January 5, 2016.

Cape Cod Woman Arrested on 4th Drunk Driving Charge

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

Mary Messier, 34, of South Dennis, was arrested in the early morning hours Wednesday on Massachusetts DUI Charges for the fourth time. She was arraigned in Orleans District Court and held on $500 bail for Operating Under the Influence of Alcohol, 4th Offense.

According to the Dennis Police Department, Messier was speeding when she allegedly almost collided with a police cruiser who happened to be on patrol. The police officer reportedly pulled off road in order to avoid a collision, and then followed Messier, who allegedly continued to speed and then struck a curb before coming to a stop in a parking lot.

The Dennis Police officer who pulled Messier over for suspicion of OUI reported that she displayed “obvious signs of intoxication” and also asked her to perform Field Sobriety Tests (although it was not reported whether Messier ‘failed’ or ‘passed’ those tests).

Dorchester Man Charged with DUI Drugs in Braintree

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

Lee E. Harvey, 18, of Dorchester, was arrested earlier this week on Massachusetts DUI Charges in Braintree and charged with Operation Under the Influence of Drugs.

According to the Braintree Police Department, officers allegedly observed Harvey make an ‘abrupt’ turn into a parking lot. Probably because they saw a few young kids in the car and for no other reason despite not claiming that any motor vehicle violations were committed, officers then approached the car.

As they approached however, the police allege that one of the passengers, a Randolph man, got out of the car and fled. That man was later stopped a short distance later and he, along with another passenger and two Boston women, were questioned but not arrested for any crimes.

Peabody Man Arrested on 6th Massachusetts DUI Charge

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

Donald Porter, 51, of Peabody, was arraigned yesterday morning in Salem District Court for his 6th Massachusetts Drunk Driving Charge. Following his arraignment on Operation of a Motor Vehicle Under the Influence of Alcohol, 5th or Subsequent Offense, Porter was held without bail pending a Dangerousness Hearing.

According to Peabody Police and the Essex County District Attorney’s Office, Donald Porter was allegedly driving his truck Tuesday evening and crashed into a snowbank at an intersection. The truck was then stuck on the median or island. When officers responded to the crash site and asked Porter what happened, he allegedly told them that he “took the corner too wide and went off the road.”

Just as in every single OUI case and as they are trained to do, officers reported that Porter’s speech was “slurred and thick” and that he smelled of alcohol.

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.

Massachusetts Law on DUI Checkpoints

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

For persons charged with DUI / Drunk Driving Charges after having gotten stopped at a DUI Checkpoint, Massachusetts law mandates that the DUI Checkpoint must be reasonable.

In other words, in cases where a defendant is charged with Operation of a Motor Vehicle While Under the Influence of Alcohol challenges the stop and ‘seizure’ at the checkpoint as not having been constitutional, Massachusetts criminal law places the burden on the prosecutor to prove that the roadblock seizure was conducted in accordance with certain guidelines. If the prosecutor fails to meet his burden that the checkpoint was reasonable and constitutional, your case be ultimately be dismissed.

In the 1983 case of Commonwealth v. McGeoghegan, the Massachusetts Supreme Court held that, in order for a roadblock to be permissible, the selection of cars stopped by not be arbitrary and assurance must be given that the procedure utilized by the police to conduct the DUI checkpoint is conducted pursuant to a plan devised by law enforcement. Additionally, the site selected for the DUI Checkpoint must a “problem area”, in other words, where accidents or drunk driving arrests have previously occurred.

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.