Boston DUI Lawyers Blog

Massachusetts Law on DUI / OUI Checkpoints

Published on: December 27, 2011 | by Lefteris K. Travayiakis, Esq.

When it comes to DUI / OUI roadblocks, aka “sobriety checkpoints”, Massachusetts law permits police to establish DUI roadblocks so long as the selection of vehicles stopped is not arbitrary and the procedure is conducted pursuant to a plan devised by law enforcement supervisors.

By way of background, a stop of a car at a police roadblock, no matter how brief, is considered to be a warrantless seizure that implications constitutional protections under the Fourth Amendment to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights. The United States Supreme Court has upheld police using DUI checkpoints if they are reasonable and balance the public interest in reducing alcohol related accidents against a person’s constitutional rights.

The reason police must operate an OUI checkpoint according to a devised plan is because it is illegal for police to target which vehicles to stop. Even fixed checkpoints where police stop cars according to no set plan or pattern are illegal. In other words, if the police officers have any discretion in the stopping of vehicles, the constitutionality of the sobriety checkpoint will not be upheld.

Massachusetts Man Charged with 4th DUI

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

A Raynham man was arrested this past week ans changed with several Massachusetts Drunk Driving Charges after allegedly crashing into another car from behind.

Darryl Torres, 49, of Raynham, was arraigned in Taunton District Court and charged with Operating Under the Influence of Alcohol, 4th Subsequent Offense and Negligent Operation of a Motor Vehicle.

According to the Taunton Police Department, Torres allegedly collided into the car last Friday. The other car was reportedly stopped at an intersection. Following the crash, Torres allegedly left the scene of the accident but later returned, where police allege his vehicle had front end damage and Torres exhibited signs of intoxication, including slurred speech.

Haverhill Woman Charged With Vehicular Homicide in Fatal DUI Crash

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

A Haverhill woman has been charged with Massachusetts Drunk Driving Charges after she allegedly struck and killed a woman who was standing out her car.

Lisa Leavitt was arraigned this morning in Haverhill District Court on DUI / OUI charges including Motor Vehicle Homicide While Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to prosecutors in Haverhill, Leavitt’s car struck the 64 year old woman, Karen LaPierre, outside a donut shop as she was putting donuts in the trunk of her car. The impact reportedly pinned Lapierre between the two vehicles, which eventually resulted in her death.

Lowell School Bus Driver Charged with Drunk Driving

Published on: December 12, 2011 | by Lefteris K. Travayiakis, Esq.

A school bus driver from Lowell was arrested on Massachusetts Drunk Driving Charges last week after she allegedly crashed with children on board.

Mary T. Morrison, 53, was arraigned in Lowell District Court on charges of Operating Under the Influence of Alcohol, 14 counts of Child Endangerment While OUI / DUI; and Leaving the Scene of Property Damage.

According to the Lowell Police Department, Morrison was allegedly driving the bus around 8 a.m. in late October with 14 children on board when she crashed into two parked cars. Lowell Police further allege that she did not stop following the accident.

Plymouth Man Arrested for DUI After Accident with Serious Injuries

Published on: December 5, 2011 | by Lefteris K. Travayiakis, Esq.

A Plymouth man was arrested by the Hingham Police Department on Massachusetts Drunk Driving Charges after he allegedly crashed his car head-on into an SUV this past weekend. He was charged with Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According the Hingham Police Department, Vonberg was allegedly traveling on Route 228 on Sunday night when he struck another car head-on. The other vehicle, driven by a 59 year old woman from Hingham with a 60 year old Brockton woman in the passenger seat, reportedly needed to be removed from their car with the jaws of life.

Vonberg was also reportedly removed from his car with the jaws of life and transported to Boston Medical Center with serious injuries.

Massachusetts Police Arrest Man for 6th Drunk Driving Offense

Published on: December 2, 2011 | by Lefteris K. Travayiakis, Esq.

The Massachusetts State Police reported that they arrested a New Hampshire man in Lexington for his 6th Drunk Driving Charge after he was allegedly found passed out in his car.

Timothy Converse, 50, was arrested for Operating Under the Influence of Alcohol, 5th or Subsequent Offense.

According to Massachusetts State Police, Converse was found along the side of the road on Route 128 passed out in the driver’s seat with the car running. State troopers allege that Converse smelled an odor of alcohol on his breath, and that he had bloodshot and glassy eyes.

Peabody Man Arrested in Swampscott for Drunk Driving on Thanksgiving

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

A Peabody man was arrested on Thanksgiving night on Massachusetts Drunk Driving Charges following an accident.

The man was arrested for several charges, including Operating Under the Influence of Alcohol, Leaving the Scene of Property Damage and Negligent Operation of a Motor Vehicle.

According to Swampscott Police, officers responded to a call for a hit and run, but were directed by a witness to an SUV with front end damage that was allegedly leaving the scene.

Massachusetts Woman Arrested for Drunk Driving with Child in Car

Published on: November 29, 2011 | by Lefteris K. Travayiakis, Esq.

Hingham Police arrested a Cohasset woman last week on several Massachusetts Drunk Driving Charges for allegedly driving while intoxicated and with her 12 year old son in the front seat.

Gay R. Winn, 47, was charged with OUI / DUI, Negligent Operation of a Motor Vehicle; and Operating Under the Influence of Alcohol with a Child Under 14.

According to the Hingham Police Department, officers were called to a report of an SUV driving erratically on Route 228. The anonymous caller reportedly provided the police with the license plate and a description of the vehicle.

East Boston Man Faces 8th Drunk Driving Charge

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

A man from East Boston was arrested on his 8th Massachusetts Drunk Driving Charge on Thanksgiving.

Albert Diaz, 52, was reportedly arrested in Chelsea for OUI / DUI 8th Subsequent Offense, Negligent Operation of a Motor Vehicle, and Unlawful Operation of a Motor Vehicle After Suspension for DUI / OUI.

According to the Massachusetts State Police, Diaz was stopped in Chelsea after he allegedly committed one or more traffic violations. Police allege that he also failed several Field Sobriety Tests.

Woburn Man Arrested in Boston on 5th Drunk Driving Charge

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

A Woburn man with four prior OUI / DUI convictions was arrested in Boston on his 5th Massachusetts Drunk Driving Charge this past week.

Thomas D. McCue, 42, was charged in Boston Municipal Court with Driving Under the Influence of Alcohol, 5th Subsequent Offense, Negligent Operation of a Motor Vehicle, and Operating After Suspension for OUI / DUI.

According to the Suffolk County District Attorney’s Office, McCue was alleged speeding on Storrow Drive in Boston when Massachusetts State Police attempted to pull him over. McCue reportedly pulled over on the Harvard Bridge heading towards Cambridge, but then allegedly sped away and rear-ended a taxi driver.