Boston DUI Lawyers Blog

East Boston Man Indicted for Drunk Driving and Vehicular Homicide

Published on: August 29, 2012 | by Lefteris K. Travayiakis, Esq.

An East Boston man was indicted by the Essex County District Attorney’s Office on several Massachusetts Drunk Driving Charges in connection with a crash that occurred on the Lynnway in Lynn that resulted in the other driver succumbing to injuries.

The East Boston man was charged with Motor Vehicle Homicide by OUI / DUI, Operating Under the Influence of Alcohol and Aggravated Negligent Operation of a Motor Vehicle.

The defendant in this case is alleged to have been driving while under the influence of alcohol on the Lynnway in Lynn last October when he struck another car that had just pulled out of the parking lot of the Porthole Restaurant (located on the Lynnway). An accident reconstruction team is alleging that the defendant’s vehicle was traveling at approximately 80 miles per hour.

Anonymous Tip Lands Wareham Man in Jail for 5th OUI / DUI

Published on: August 19, 2012 | by Lefteris K. Travayiakis, Esq.

A Wareham man was arrested by Wareham Police Officers this past week on Massachusetts Drunk Driving Charges. He was charged with Operating Under the Influence of Alcohol, 5th Subsequent Offense; and OUI / DUI After License Suspended for Previous OUI / DUI.

According to the Wareham Police Department, an anonymous caller reported that the man was driving and that he was under the influence of alcohol. Officers reportedly located the driver and pulled him over. The driver reportedly failed a series of Field Sobriety Tests and was arrested. The driver reportedly had his last drunk driving conviction in 2004, and the Massachusetts Registry of Motor Vehicles had his license suspended for being a habitual traffic offender.

The Massachusetts Drunk Driving Crime of Operating Under the Influence of Alcohol After License Suspended for DUI / OUI is exactly that – where the person is alleged to have committed another OUI / DUI while his license was already suspended for a previous drunk driving offense.

Massachusetts Woman Arrested for Drunk Driving After Hitting Police Cruiser

Published on: August 5, 2012 | by Lefteris K. Travayiakis, Esq.

A Fall River woman was arrested this past weekend on Massachusetts Drunk Driving Charges after she allegedly struck a state police car. She was charged with Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and Leaving the Scene of an Accident.

According to the Massachusetts State Police, the Fall River woman struck the Massachusetts State Police cruise on Route 195 West while troopers were doing a detail as highway work was being performed. After the crash, the woman allegedly kept on driving and was stopped down the road by another Massachusetts trooper.

Negligent Operation of a Motor Vehicle is punishable by imprisonment to the House of Corrections for not less than 2 week and up to 2 years. In order to be convicted of this crime, the prosecutor must prove, beyond a reasonable doubt: (1) operation, (2) on a public way; and (3) in a negligent manner so that the lives or safety of the public might have been endangered.

Massachusetts Legislature Closes Melanie’s Law “Loophole”

Published on: August 3, 2012 | by Lefteris K. Travayiakis, Esq.

A few months ago I wrote about a decision the Massachusetts Supreme Judicial Court issued which rejected the Registry of Motor Vehicle’s definition of “conviction” with respect to Massachusetts Drunk Driving Laws, as it applied to OUI / DUI convictions and Breathalyzer Test Refusals. Following that decision by the court, the Massachusetts Legislature has now closed that ‘loophole’.

By way of background, in May 2012, the Supreme Judicial Court ruled that, under the law at the time, a “conviction” meant only dispositions of criminal charged where an actual determination of guilt was imposed.

The issue arose following the suspension of a person’s driver’s license for 3 years by the Registry of Motor Vehicles because he had previously been convicted of Operating Under the Influence of Alcohol. The driver appealed the 3 year suspension, claiming that his license should only have been suspended for 180 days because in his previous case was Continued Without a Finding – he argued that this was not the equivalent of a ‘conviction’ or guilty finding. He pointed out that, in obtaining a Continuance Without a Finding, he only admitted to ‘sufficient facts for a finding of guilty’, which is not the same as pleading guilty. The Massachusetts Supreme Court agreed, and stated that “If the legislature, in enacting Melanie’s Law, had wanted to include an admission to sufficient facts in the definition of ‘convicted’, it could have done so explicitly.”

Massachusetts State Police Increase Drunk Driving Patrols

Published on: August 2, 2012 | by Lefteris K. Travayiakis, Esq.

The Massachusetts State Police have reportedly increased their Massachusetts Drunk Driving patrols this past weekend, specifically in the area of southeastern Massachusetts Route 24 and Interstate 195.

11 additional Massachusetts State Police patrols will reportedly be used on those roads through the end of September, targeting the weekend hours between Friday and Sunday. To date, at least 10 people have been charged with OUI / DUI, with over 200 others being cited for other motor vehicle violations.

Just this past weekend, a Brockton man was arrested on Massachusetts Drunk Driving Charges when he was allegedly involved in a crash on Route 24 in Freetown. He was charged with DUI / OUI and Negligent Operation of a Motor Vehicle.

Boston Police Officer Arraigned on Massachusetts Drunk Driving Charges

Published on: August 1, 2012 | by Lefteris K. Travayiakis, Esq.

A Boston Police Officer has been charged with Massachusetts Drunk Driving Charges after he allegedly crashed into a young woman’s car. The Boston Police Officer was arraigned in late July in the West Roxbury Division of the Boston Municipal Court on charges including Operating Under the Influence of Alcohol.

According to the Suffolk County District Attorney’s Office, the Boston Police Officer was allegedly driving in Hyde Park at 68 miles per hour when he went through a stop sign and crashed into another vehicle, occupied by a young woman and her friend. Both were reportedly injured in the crash.

The Boston Police Department received a lot of heat for this case because it was reported that, when other Boston Police Officers responded to the scene of the crash, the matter wasn’t investigated as it would have been had the driver not been a policeman. For example, there were allegations against the police department that the officer was not asked to perform any field sobriety tests; nor was he asked to submit to a Breathalyzer Test on scene.

Salem Woman Charged with OUI / DUI in Deadly Crash

Published on: June 17, 2012 | by Lefteris K. Travayiakis, Esq.

A Salem woman was arrested over this past weekend on Massachusetts Drunk Driving Charges after she allegedly crashed into a parked two truck in Salem, killing a passenger in her car.

The woman, 25 years old, was charged with Motor Vehicle Homicide by OUI / DUI, Negligent Operation of a Motor Vehicle and OUI / DUI.

According to the Salem Police Department, the female driver was traveling on Boston Street in Salem when the car veered into a flatbed truck. The impact resulted in the front seat passenger reportedly being killed instantly. The driver, meanwhile, sustained only minor injuries.

Massachusetts Woman Charged With DUI / OUI in Multi-Car Attleboro Crash

Published on: May 22, 2012 | by Lefteris K. Travayiakis, Esq.

A Norfolk woman was arrested over the weekend on Massachusetts Drunk Driving Law Violations following a multi-car crash in Attleboro. The woman was arraigned on charges of Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to the district attorney’s office, the Norfolk woman was involved in a 5 car crash that occurred on I-95 in Attleboro. According to police, she submitted to a Breathalyzer Test and reported blew a 0.18%.

The woman reportedly has a history of prior drunk driving charges, including an incident in 2006 when she was charged with Leaving the Scene of an Accident Resulting in Personal Injury and Death. In 2009, she was also charged with OUI / DUI and Negligent Operation of a Motor Vehicle after she was allegedly to have hit a snowbank and was found to be passed out in her vehicle.

Massachusetts Woman Arrested for OUI / DUI Child Endangerment

Published on: May 20, 2012 | by Lefteris K. Travayiakis, Esq.

Massachusetts has strict Drunk Driving Laws and Penalties, and if you are caught driving while allegedly impaired by drugs or alcohol, the charges and penalties get even stiffer.

This past week, for instance, a Barnstable woman was arrested last week on Massachusetts Drunk Driving Charges after she allegedly drove while impaired with her 4 year old in the car. She was arraigned in Barnstable District Court on charges of Operating Under the Influence of Alcohol and Child Endangerment while Operating Under the Influence of Alcohol.

Child Endangerment While Operating Under the Influence of Drugs or Alcohol in Massachusetts was enacted as a result of “Melanie’s Law” in 2005. This crime punishes those who operate a car while under the influence of drugs or alcohol while a child aged 14 years or younger is in the car.

Massachusetts Supreme Court Ruling Rejects Registar’s Definition of “Conviction”

Published on: May 18, 2012 | by Lefteris K. Travayiakis, Esq.

In the recent case of Paul J. Souza v. Registrar of Motor Vehicles, the Massachusetts Supreme Judicial Court rejected the Registrar of Motor Vehicle’s definition of “conviction” and ruled that a conviction means only dispositions of criminal charges where a determination of guilt was made.

The plaintiff in this case was previously arrested in 1997 for Operating Under the Influence of Alcohol and eventually ‘admitted to sufficient facts’ for a finding of guilty. His case was “Continued Without a Finding” and later dismissed after a period of probation.

Then, in 2010, the plaintiff was again arrested for OUI / DUI. At the time of his arrest, the plaintiff refused to submit to a Breathalyzer Test. Upon his refusal, the Registrar of Motor Vehicles suspended his driver’s license for a period of 3 years by statute. The statute as currently enacted mandates that the arrestee’s license is to be suspended for 3 years for refusing to submit to a breathalyzer if he has previously been “convicted” of an OUI / DUI offense (if the person has not been previously convicted, the driver’s license suspension of refusal is 180 days).