OUI/Drunk Driving

January 6, 2010

Leaving The Scene Of An Accident In Massachusetts Brings The Need Of An Experienced Criminal Defense Attorney For Firefighter And Student

You are driving around on a wintery Massachusetts night, maybe after a couple of drinks that you are sure did not effect you. All of a sudden there is a large bumping feeling and a sound that tells you that you have hit something. The temptation is to put the problem, whatever it may be, behind you and to get out of there fast. You think that to do otherwise is foolhardy and could cost you your license and the need to hire one of those criminal defense attorneys.

Avoid that temptation. The fact is that leaving the scene of an accident, whether physical injury to a person or simply property damage was caused, only makes a bad situation worse.

Let’s look at a couple of very recent examples.

17-year old Sandwich teen, Sarah G. (hereinafter, “:Teen Defendant”) began the new year after collecting a bunch of charges that were only made worse by leaving the scene. She is drove into the rear of a police cruiser. She then apparently tried to leave the scene but was apprehended shortly thereafter. She is now facing charges which include leaving the scene of an accident, unlicensed operation of a motor vehicle, failure to stop for police and underage alcohol possession, according to the Cape Cod Times.
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December 14, 2009

Attorney Sam’s Take: MA Rape, Robbery Or Assault Charges – When To Talk To Police

by Altman & Altman

“Look, you seem like a good kid. Boston needs more people out there like you…productive citizens. I have no interest in jamming you up. Just tell me your side of things and I will talk to the District Attorney and see what we can work out.”

You would be surprised how comforting those words seem when coming from the police officer who has you in the little room at the local police station talking about that nasty-sounding murder that everyone is upset about. You may be even more surprised at how many people leap to those words as if from a burning building to tell their “side of things.”

The next time they see that “side”, it is often almost unrecognizable as it reflects from the pages of a police report. Yep, the prosecution went through anyway. Who knew?

As most daily readers of this blog know, there is no law that says you must talk to the police when they come to question you. Quite the contrary. You have a Constitutional right not to talk to them. You have a right to ask for an attorney to be present as well.

“Well, Sam, if I say I do not want to talk to them, or ask for an attorney, aren’t I basically confessing that I have something to hide?”
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December 10, 2009

Whether For Assault, OUI or Any Kind Of Criminal Matter, An Outstanding MA Warrant Means Quick Jail Time- How A Lawyer Can Help

by Altman & Altman

It was 6:10pm of December first and Joshua S., 32, (hereinafter, the “Defendant”) may have expected it was dinner-time. It wasn’t. It was arrest-on-outstanding-warrant and meet-your-lawyer-time.

The Defendant, it seems, was found in the basement of a home when the Gloucester police showed up and found him. There was an outstanding warrant for him and so he was immediately taken into custody to be brought into court the next day.

No need for questioning. No need for further explanation.

End of story.
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October 27, 2009

Drunk Driving Accident Leaves Two Suspects Needing Lawyers

by Altman & Altman

It’s holiday time again!. This weekend is Halloween, as I am reminded every day when I try to drive through downtown Salem. As is usually the case, around Boston and environs, law enforcement is particularly aware about drunk drivers. One very recent case, however, did not really take all that much detection. By the time it was over, there were two Pittsfield women needing criminal defense attorneys come yesterday.

Victoria D., 22, and Felicia M., 21 (hereinafter collectively, the “Defendants”) were in a car Saturday. The car ended up crashing into a house on Route 9 in Schodack at about 5:00 a.m. According to the police, the accident caused “substantial damage”.

The Defendants were then transported to Albany Medical Center Hospital.

As the police came to investigate, they say they discovered that both women had been drinking alcohol. The Defendants also gave conflicting accounts as to which one was driving at the time the car careened into the house.
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October 21, 2009

Drunk Driving Case Ignites Legal Fight On Search And Seizure

by Altman & Altman

The issue of Search and Seizure is in the news again today. While the case itself is not based in Boston, it is of interest to lawyers, police officials and drivers anywhere. Why? Because it involves the United States Supreme Court, which seems split on the subject.

The case actually hails from Virginia and the conviction of Joseph A.M.H.,Jr (hereinafter, the “Defendant”) for drunk driving. It seems that the Defendant was pulled over by the police before they saw him break any traffic laws. That conviction has been overturned on appeal by Virginia’s Supreme Court.

And that is the issue. Did the police have the right to pull over the Defendant before they saw him commit any crimes?
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July 20, 2009

Arrests For Drunk Driving On The Water Dwindle – Why Would That Be?

by Altman & Altman

Ahhh…summer! Time for hitting the beaches, cookouts and, as I have said before, Jimmy Buffett tunes. Today, I am reminded of another of Buffett’s songs, namely “Boat Drinks”. Maybe it is because I am dropping off my son at a boat this morning, but more likely it is because I am reminded about a crime that few people are arrested for although we know it happens a great deal. It is one area in Boston-area criminal defense one does not find many specialists.

The crime is boating while intoxicated.

For many, alcohol is as much a part of boating culture as sunscreen and fun. But in Massachusetts, where more than 140,000 recreational boaters cruise the waterways, intoxicated skippers are rarely arrested. For example, last year, boating under the influence charges were brought against just six people.

This is apparently not the same nationwide. For example, last year, Indiana had 121 such arrests. Missouri boasts 17 such arrests at on-the-water sobriety checkpoints in just one weekend.
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July 14, 2009

Arrested For Homicide Or Drunk Driving? You Should Have Checked The Weather

by Altman & Altman

To me, summer is best symbolized by the recording artist, Jimmy Buffett. In fact, one of my favorite songs of his is “Weather Is Here, Wish You Were Beautiful”. Summer is a season that is short-lived here in the Boston area. If one counted how many really nice days we usually get,…well, it is kind of depressing. We all know that the weather can effect moods. However, did you know that it can also control the need for criminal defense attorneys?

Southwick Police Officer Tom Krutka says he sees an increase during this time of year of a particular crime. He says that outdoor barbecues and holiday parties often involve alcohol. After the parties, folks hit the road…which often means operating under the influence of alcohol. He even sees a difference depending on the weather. Nicer weather…more drunk drivers.

Officer Krutka warns that “buzzed driving” is enough to get someone in trouble. Even one or two drinks, depending on the person, can get you arrested. “That’s just the beginning”, he continues. “If it turns out to be an accident, you effect the person you hit, the family the community, your family your life, financial burden it goes a long way.”

Well, he is right, of course. Drunk driving, and any resulting arrests, can ruin the lives of a lot of people.
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July 10, 2009

Green Line Train Operator Who Was Text Messaging Girlfriend, 93-Year-Old Motorist that Drove into Wal-Mart, and Falmouth Driver Face Criminal Charges for Allegedly Causing Serious Injury Accidents

by Altman & Altman

Aiden Quinn, the 24-year-old Green Line train operator who was text messaging his girlfriend when the train he was operating rear-ended another trolley has been indicted on a negligence charge. Three trolley cars were destroyed in the May 2009 Boston train accident that resulted in $9 million in damages. 62 people were injured.

According to investigators, Quinn was texting on his cell phone and not look at the track when he ran a yellow light and then a red light before striking another train. While none of the Massachusetts train accident injuries were fatal, one woman with a broken pelvis may never be able to walk again, and a teenager who broke her vertebrae sustained a concussion. The negligence charge he was indicted for comes with a maximum three-year prison sentence.

In another Massachusetts case involving a serious car accident, 21-year-old Falmouth resident Jonathan Muir has been charged with motor vehicle homicide while operating under the influence of alcohol, serious bodily injury while under the influence of alcohol, failure to stay within marked lanes, operating negligently so as to endanger, and speeding. He is accused of losing control of his Porsche at around 1:30 am on June 29.

June 25, 2009

A Boston Criminal Defense Lawyer Discusses Student Arrests And The Resulting Effects On A Student’s Future (Part Two)

by Altman & Altman

As promised, our weekly “Attorney Sam’s Take” discussion completes our examination of how involvement in the criminal justice system effects students.

We have discussed how, beyond the obvious, the arrest of a juvenile student in Massachusetts can seriously effect that student’s future plans. We have also mentioned how the earliest consultation with an experienced criminal defense attorney is vital in order to best attempt to prevent, or at least minimize, damage.

Of course, not all students are juveniles. Some are already adults. There are a few big differences. Remember how I wrote about the Juvenile System’s concerns being primarily rehabilitative? Well, such is not the case with adults. Further, while a juvenile’s prior record is often disregarded…no such luck for the adult.

The result of these differences?

Harsher realities.

Let’s take an example.

Last Thursday, 18-year-old Kyle R. (hereinafter, the “Defendant”) had a bit of trouble with the Taunton police. It seems he is being accused of driving drunk (aka OUI). Well, maybe a little more. He also faces charges of driving so as to endanger, carrying a dangerous weapon, (a spring-loaded folding knife) and violating the terms of a juvenile operator’s driving license.

“What brought the lad to the attention of the law?”, you ask.

Well, the police say it was his driving his car into a speed limit sign and a fire hydrant just after 1:00 a.m.
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May 20, 2009

What Should You Do If You Are Being Arrested In Boston? The Boston Criminal Lawyer Blog Answers The Questions Of What To Do Until You Contact Counsel

by Altman & Altman

Once again, you are being arrested in Boston. Maybe you are out for a “night out on the town” and the town, and its inhabitants, has turned on you. Perhaps you are carrying something that has been branded as illegal…such as a gun or some drugs. Maybe there is a warrant out for your arrest and, for some reason, those police officers on the corner are looking at you kinda funny. Whatever the circumstances are, members of law enforcement are coming to approach you and they are not baring gifts…except for the Commonwealth’s Bracelets of Shame. Oh, how you wish you had your lawyer standing right beside you.

But you don’t.

You are on your own until you can get to the experienced criminal defense attorney whom you long ago learned from this daily blog you should consult.

What to do.

In today’s weekly Thursday Attorney Sam’s Take, we look at these crucial moments during which time you will decide how to respond to the approaching officers. If you are a regular reader to this blog, you probably know a lot of what I am about to tell you already. However, it is worth reviewing, since getting it wrong could cost you a lot of years.
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