Articles Posted in OUI/Drunk Driving

In Massachusetts, Denise Egerton, a 41-year-old Milton mother, was arrested and charged with operating under the influence of alcohol, driving without a license, and speeding. Egerton had been driving the car that collided with a van in Dorchester on Friday, close to the intersection of Woodrow and Blue Hill Avenues. The van was thrown airborne before overturning and than van’s driver was taken to the hospital.

Egerton told police that the van had tried crossing in front of her car to make a left turn. Witnesses accuse Egerton of speeding.

At the accident scene, police had Egerton take a field sobriety test, which she did not pass. Her two children, ages 1 and 4, were in the car with her when the crash happened. They were taken to Boston Medical Center after the crash and later placed in the care of the Department of Social Service.

Field Sobriety Tests
Field sobriety tests can be administered at the scene to determine whether a driver has been driving under the influence of alcohol or drugs.

Kinds of Field Sobriety Tests Include:

• Touching one’s nose with a finger • Walking a straight line • Counting while standing on one foot
• Reciting the alphabet

In many cases, the results of a field sobriety test is among the primary evidence used to charge a driver with OUI. It is important to note, however, that these tests do not always accurately reflect whether someone was driving drunk. Overweight people and people with leg problems or balance problems may experience difficulty passing these tests when they are sober.
Mother arrested after collision with van, Boston.com, August 16, 2008

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Field Sobriety Tests

DUI and DWI, DMV.org Continue reading

A spokesperson for the Sheriff’s Department in Los Angeles County says actor Shia LaBeouf may not have caused the drunk driving-related injury accident on July 27 in West Hollywood, California. The accident occurred around 2:30 am.

LaBeouf, who was arrested for DUI, has had to undergo surgery to repair an injury he sustained in his left hand. The woman riding with him and the woman driving the other vehicle were also injured. Both women sustained minor injuries.

LaBeouf has yet to be arraigned on the DUI charge. Now, however, there is evidence to indicate that the accident may have happened because the other driver ran a red light before striking LaBeuof’s truck, which rolled over during the accident.

If you have been arrested for driving under the influence of alcohol or drugs in Massachusetts, it is important that you speak with a Boston, Massachusetts DUI lawyer right away. An experienced DUI attorney will know how to handle the charges against you and can investigate your case to determine whether there is evidence showing that the criminal charges against you should be dropped or reduced.

For example, the charge and penalties will be different depending on whether this is your first or a subsequent DUI offense. The penalties are more severe if someone other than the alleged drunk driver suffered serious injuries in a DUI crash. In Massachusetts, an arrest for DUI that causes serious physical injuries can lead to up to 10 years in prison.

Shia LaBeouf might not have caused collision, Sheriff’s Department says, Los Angeles Times, July 29, 2008
Actor Shia LaBeouf arrested, injured in drunk driving crash, AFP, July 28, 2008

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Shia LaBeouf

Massachusetts Law About Drunk Driving, Massachusetts Trial Court Law Libraries Continue reading

The Gloucester woman charged with operating a motor vehicle while under the influence of intoxicating liquor and failure to stay in a marked lane when her car struck the SUV carrying movie star Sandra Bullock has pled not guilty.

Lucile P. Gatchell entered her not guilty plea during her arraignment today in Gloucester District Court. She was released without bail.

No one was injured in the Massachusetts car accident, which occurred on Friday. Bullock had just finished filming a scene from her latest movie “The Proposal” in Rockport before the accident happened. The actress, her husband Jessie James, and the driver of their sport utility vehicle were not injured in the auto collision.

According to the police report, Gatchell failed four field sobriety tests and her blood alcohol level registered over twice the legal limit at 2.0. Kevin Mackey, the arresting police officer, reported smelling alcohol on the 64-year-old woman’s breath. He also said that she slurred her speech and her eyes were glassy and bloodshot.

If you have been arrested or charged with operating your vehicle under the influence of alcohol or drugs, one of our Boston, Massachusetts OUI/DWI/DUI attorneys would be happy to discuss your case with you.

Our Gloucester drunk driving lawyers know how to determine the accuracy of your field sobriety test or whether law enforcement officers followed the proper procedures when apprehending you for allegedly driving drunk. There may be a number of reasons why the evidence that police have against you is inadmissible.

If you plead or are found guilty for drunk driving in Massachusetts, this will be noted on your driving record permanently. This could affect your driving privileges even if you live in another state.

Woman pleads not guilty to drunken driving in accident with Sandra Bullock, Boston.com, April 22, 2008
Actress Bullock unharmed in Gloucester car crash, Boston.com, April 19, 2008

Related Web Resources:

DUI & DWI, DMV.Org
Massachusetts Laws About Drunk Driving, Massachusetts Trial Court Law Libraries Continue reading

TV actor Kiefer Sutherland has pleaded no contest to charges of drunk driving. The star of the TV show “24” will start serving a 48-day jail sentence in December when his show goes on a production break.

As part of his plea deal, Sutherland 18 days of those 48 days are for violating his probation for an unrelated drunk driving arrest in 2004. 30 days are for driving with a blood-alcohol level higher than California’s .08% limit. Sutherland also has been ordered to take part in alcohol-therapy sessions every week for six month, as well as sign up for an 18-month alcohol education course. . A related, misdemeanor DUI charge was dropped.

The TV actor is on probation for five years. He faces driving suspension and has to pay fines.

Sutherland will serve the 18-day part of his sentence beginning December 21. He has until July 28 to serve the last 30 days. The terms of the plea agreement allow him to serve time in jail in a manner that will not interrupt the show “24”‘s shooting schedule. Sutherland’s representatives say he struck this deal with prosecutors because he did not want production to shut down while he was on trial or served time in jail-possibly affecting the livelihoods of the production members and other actors on the show.

“No Contest” Plea
A “plea” is the response of a defendant to criminal charges made against him or her. A defendant usually gives the plea during an arraignment right after the prosecution formally charges the defendant with the crime(s). A defendant can plea “guilty”, “not guilty,” and “no contest.”

A “no contest” plea means that defendant is formally accepting the punishments for the charges but is not officially acknowledging guilt. Pleading “no contest” is inadmissible as evidence of guilt if there is a related civil lawsuit, which can be a benefit to the defendant.

A “no contest” plea differs from a “guilty” plea. The defendant that pleads guilty is admitting that he or she is guilty of the charges.

“No contest’ and “guilty” pleas are often accompanied by a plea bargain. A plea bargain usually allows a defendant to receive a less severe sentence or have certain charges dropped. A plea bargain also minimizes the financial costs and publicity fallout from a criminal case-the latter of these two can be very important if the defendant is a celebrity, politician, or another famous figure. A plea bargain allows a defendant to avoid the stigma and unwanted scrutiny of a trial, as well as the uncertainty of the outcome.

Sutherland Pleads No Contest in DUI Case, AP, October 9, 2007
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Kiefer Sutherland charged with drunk driving, Los Angeles Times, September 28, 2007
Massachusetts Law about Drunk Driving
Continue reading

Movie star Lindsay Lohan will serve 10 days of community service, complete a drug treatment program, and serve one day in jail after reaching a plea deal on charges of drunken driving and driving under the influence of cocaine. As part of her deal, she will complete an 18-month alcohol education program and be on probation for 36 months.

The actress had initially been sentenced to 96 hours in jail. Her jail time was then lowered to 90 hours because of the time she served during her arrest.

Lohan issued a statement admitting that she was addicted to drugs and alcohol and was taking responsibility for breaking the law by pleading guilty to the charges made against her.

Earlier Thursday, she was charged with seven misdemeanors connected to two drunk driving arrests over the past four months. Prosecutors did not file more serious felony drug charges because they say there wasn’t enough drugs on her to do so.

Lohan pleaded guilty to two counts of being under the influence of cocaine. She also pleaded no contest to one count of reckless driving and two counts of driving with a blood-alcohol level higher than .08%. The two counts of DUI were dropped.

The movie star was arrested in Santa Monica, California on July 24 and in Beverly Hills on May 26. She tested below the .05 grams necessary to be charged with a felony drug crime both times. She entered rehab after both arrests.

OUI in Massachusetts
In Massachusetts, OUI-operating under the influence-is the charge given to someone who has been operating a motor vehicle under the influence of drugs or alcohol. A person can be charged for OUI if prosecutors can prove that the defendant’s ability to operate a car was impaired by driving under the influence of alcohol or drugs. Field sobriety test results and whether a motor vehicle accident occurred are some of the factors that are taken into consideration. The suspect can also be charged with OUI under the “per se” theory, which factors in the blood alcohol test (a result of .08% or more) and the arresting officers’ observations.

The penalties for OUI convictions in Massachusetts:

• 1st Conviction: 2 ½ years maximum jail sentence, license suspension for 1 year, and an up to $5,000 maximum fine • 2nd Conviction: 2 ½ years maximum jail sentence, license suspension for 2 years, and an up to $10,000 maximum fine • 3rd Conviction: 5 years maximum jail sentence, license suspension for 8 years, and an up to $15,000 maximum fine • 4th Conviction: 5 years maximum jail sentence, license suspension for 10 years, and an up to $25,000 maximum fine • 5th Conviction: 5 years maximum jail sentence, license permanently revoked, and an up to $50,000 maximum fine
Pleading guilty to or being convicted of an OUI charge will stay permanently on your record in Massachusetts.

Lindsay Lohan to serve 1 day in jail in plea bargain, CNN.com, August 24, 2007
Lindsay Lohan Gets Jail in DUI Cases, People.com, August 23, 2007

Related Web Resources:

Read the Complaint from Lindsay Lohan’s May 26 Arrest

Massachusetts OUI Basics, Massachusetts DMV.org Continue reading