Boston DUI Lawyers Blog

Massachusetts DUI Conviction Overturned For Lawyer Failing in Defense

Published on: November 20, 2014 | by Lefteris K. Travayiakis, Esq.

In a recent unpublished decision, the Massachusetts Appeals Court reversed the conviction of a man who was found guilty of Operating Under the Influence of Alcohol because his lawyer failed to introduce to the jury evidence that he had an attention deficit disorder and a learning disability. The Appeals Court agreed that his lawyer failing to introduce this evidence in his defense prejudiced him at trial, as the evidence would have explained to the jury why the defendant was not able to satisfactorily perform field sobriety tests when he was pulled over.

At trial, the Massachusetts State Police Trooper testified that after he pulled the defendant over for speeding at 94 miles per hour, he administered several field sobriety tests, and that the defendant failed them all. As a result, the trooper concluded that he was operating while under the influence of alcohol and placed him under arrest. The defendant also submitted to a breathalyzer test which yielded a reading of 0.06%.

Massachusetts State Trooper Indicted for Vehicular Homicide OUI / DUI

Published on: May 4, 2014 | by Lefteris K. Travayiakis, Esq.

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.

Massachusetts Woman Arrested for OUI and Child Endangerment

Published on: March 6, 2014 | by Lefteris K. Travayiakis, Esq.

A Milford, Massachusetts woman was arrested for Massachusetts Drunk Driving Charges when her minivan crashed into a quarry in Milford with her three children in the vehicle.

All three children were able to escape from the vehicle, which was partially submerged in the quarry. One of the children was transported to a local hospital with serious injuries. One of the two other children sustained minor injuries while the third was not hurt.

The woman was charged with Operating Under the Influence of Alcohol; Failure to Stop; and Child Endangerment while OUI / DUI.

SJC Says Police May Not Offer Opinion of Impairment in OUI / DUI Cases

Published on: December 26, 2013 | by Lefteris K. Travayiakis, Esq.

In a recent decision the Massachusetts Supreme Judicial Court ruled that in cases where a defendant is charged with Operating Under the Influence of Alcohol, a police officer may not offer an opinion at trial as to whether the driver’s ability was diminished by the consumption of alcohol or that he was probably impaired by the consumption of alcohol.

In this case, the defendant was pulled over for erratic driving. The police officer testified at trial that the defendant breath smelled of alcohol and that he noticed his eyes were bloodshot. The officer also testified that the defendant admitted to having consumed four beer a few hours earlier. After failing several field sobriety tests, the defendant was arrested for DUI/OUI.

With this background, the police officer offered the opinion at trial that the defendant’s ability to safely operate the vehicle was diminished and that he was probably impaired.

Boston Woman Charged with Vehicular Homicide in Fatal Hit and Run

Published on: September 8, 2013 | by Lefteris K. Travayiakis, Esq.

A 21 year old Boston woman was charged with several Massachusetts Drunk Driving Charges, including Vehicular Homicide by Operating Under the Influence of Alcohol, in connection with a fatal hit and run that took the life of a 63 year old woman.

According to the Boston Police Department, the defendant, who is from Dorchester, allegedly hit the woman near the intersection of Washington and Northampton Streets. The defendant is alleged to have then fled the scene. The Suffolk County District Attorney’s Office further alleges that the defendant was not wearing glasses at the time of the accident, which is apparently a condition of her driver’s license restriction.

The defendant was further charged with Leaving the Scene of an Accident.

Father Charged with Child Endangerment in Hingham OUI

Published on: September 5, 2013 | by Lefteris K. Travayiakis, Esq.

A man from South Yarmouth was charged with Massachusetts Drunk Driving Charges following a crash in Hingham, including Operating Under the Influence of Drug and Child Endangerment by OUI, Reckless Operation of a Motor Vehicle and Possession of a Class B Substance.

According to the Hingham Police Department, the driver crashed his car at a Hingham intersection, striking the electrical box at the intersection on Route 53. Along with a front seat passenger in the car, the driver had his 2 month old infant in the back with the car seat unsecured.

Hingham Police allege that the driver was suspected to have been under the influence of drugs and noticed injection marks on his arms. The driver alleged admitted that he had injected suboxone earlier that day. Officers also allegedly found prescription medication and a used hypodermic needle under the driver’s seat and in the man’s pockets.

Refusal to Perform Field Sobriety Tests Can’t be Used At Trial…Well, It Depends…

Published on: July 3, 2013 | by Lefteris K. Travayiakis, Esq.

As far as Massachusetts Drunk Driving trials go, prosecutors are not able to introduce to a jury evidence that the driver refused to perform any field sobriety tests. But what about the scenario where the driver initially agreed to perform field sobriety tests and then decided to stop?

The Massachusetts Supreme Judicial Court recently addressed these circumstances in the case of Commonwealth v. Brown.

In that case, the defendant went to trial on the charges of driving under the influence of alcohol, second offense. At trial, the prosecutor was permitted to introduce evidence that, although the driver initially agreed to perform field sobriety tests, during one of the tests he stated “I can’t do this” and refused to perform any additional tests.

Stoneham Man Arrested for DUI and Child Endangerment on Mass Pike

Published on: June 7, 2013 | by Lefteris K. Travayiakis, Esq.

A Stoneham was arrested for Massachusetts Drunk Driving Violations on the Massachusetts Turnpike with his two children in the vehicle.

The defendant was arraigned in Dudley District Court on Monday and charged with Operating Under the Influence of Alcohol and Child Endangerment While OUI / DUI.

According to the Massachusetts State Police, troopers received a call to be on the lookout for an alleged drunk driver who had two children in the car with him. Contemporaneous with the call, the Sturbridge Police Department had also reportedly called the Massachusetts State Police to inform them that the defendant was suspected of being involved in a “domestic dispute”.

Hingham Man Charged with 6th OUI Offense

Published on: April 30, 2013 | by Lefteris K. Travayiakis, Esq.

A Hingham man has been charged with Massachusetts Drunk Driving Charges for the sixth time following his arrest on Tuesday. He was charged with Operating Under the Influence of Alcohol, 5th or Subsequent Offense.

The defendant was arrested at his Hingham home after another motorist allegedly observed a car to be operating erratically and then following that man home. The other motorist told police that the man pulled up to his house and yelled at his 3 year old son who was in the front yard. The father of the boy reportedly approached the motorist, who he claimed smelled of alcohol and appeared confused.

When the defendant left the area, a neighbor got into his car and followed the defendant to his home. Police responded to the home and allegedly found a half-empty bottle of alcohol in the car.

Stoughton Woman Arrested at Canton OUI / DUI Sobriety Checkpoint

Published on: April 17, 2013 | by Lefteris K. Travayiakis, Esq.

A Stoughton woman was arrested on Massachusetts Drunk Driving Charges earlier this month in at a drunk driving checkpoint in Canton.

The OUI / DUI roadblock, which was conducted by the Massachusetts State Police, resulted in the arrest of 6 people and approximately 88 civil motor vehicle citations.

It is well known that the Massachusetts State Police and local police departments sometimes use drunk driving roadblocks to investigate the OUI / DUI laws. Massachusetts law permits police to stop vehicles randomly, but the selection process must not be arbitrary and the method of stopping the vehicles must be according to a devised plan.