OUI/Drunk Driving

August 3, 2011

Dorchester Driver Of Special Needs Van Faces Charges Of OUI And Drug Possession

In my previous blogs, I have told you that similar cases do not always receive similar treatment. As a Boston criminal lawyer for many years, I have seen this play out. Sometimes, it has angered me…sometimes I have been grateful. Let’s see what you think about this one.

Let’s look at the case of Addis Woldeguioroui (hereinafter, the “Defendant”). He is the 51-year-old Dorchester gentleman charged with crashing a van of special needs adults into a garbage truck while allegedly high on illegal Massachusetts drugs. According to law enforcement, he was found in possession of a pipe containing cocaine residue and an empty Oxycodone container in his bag,

The accident occured on 116 Highland St. in Newton earlier this week.

The Defendant, the talkative sort, allegedly told investigating officers police the accident took place because a solar glare made him lose sight of the truck. The collision sent 13 people to the hospital, including the driver and three who were transported to Beth Israel Deaconness Medical Center with serious injuries. Apparently, said passengers have been released or are in fair condition, according to court documents.

Officers say they also found a pipe containing cocaine residue and an empty Oxycodone container in the Defendant’s bag and charged him with Massachusetts operating under the influence as well as charging relating to his causing serious injury, negligence, and possession of Class B drugs.

He is looking at a possible 10 years in prison.

The Defendant also allegedly told police he had taken one or two Oxycodone pills prescribed by a doctor for pain around 5:30 yesterday morning. According to him the pills are for foot pain. The Commonwealth is waiting for results of the blood test taken at the hospital..

After the accident, the Defendant found himself in Newton District Court to be arraigned on his charges. In previous blogs, I have discussed the pros and cons of talking with trying to out-talk or out-reason police officers on the streets. I never thought it necessary to tell you that it is unwise to ignore your lawyer’s advice and try to do it with a judge and prosecutor.

However, that is what the Defendant did.

Speaking about those in the van, the Defendant explained, “The people [in the crash] were my people…I carry their blood on me.”

When confronted with his previous criminal record in New York and Massachusetts (dating back to 1977) for incidentals like armed robbery as well as a pending arrest warrant from West Roxbury District Court, he insisted on responding, explaining that “The past, that is what it is, the past…I’ve had some difficulties, and I’ve overcome them.”

Indeed, the Defendant served in the Air Force from 1978 to 1981. In court, he was supported by his girlfriend, who clung to a bible and to freshly-pressed clothes, that she was not allowed to give to him.

The Defendant was held on $5,000 bail, half of what prosecutors had requested. The prosecutor also argued that his bail in his earlier case should be revoked, but the court decided against hat. She did, however, forbid the Defendant from driving should he be released.

“He’s a good guy. He’s lived a tough life,” the Defendant’s girlfriend explains.. “He loved his job. . . . He was trying to get his life together.

Attorney Sam’s Take On MA Warrants And Inconsistent Results

Usually, when a defendant appears before a court and there is a warrant out for their arrest because of their failing to appear, the defendant’s bail in the previous case is revoked and is held without bail on that matter. This is independent of the bail set in the new case.
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June 1, 2011

Boston Professional Woman Needs Experienced Boston Drunk Driving Attorney

by Samuel Goldberg

Cara Della Barba is a 28-year-old finance manager at the Dana Farber Cancer Institute. If you look at the photo of her in court, you would think she was one of the Boston criminal attorneys. You would not suspect that she is hereinafter referred to as the “Defendant”. But she is.

According to the Commonwealth, as described at her Dorchester District Court arraignment, she was wobbly, glassy-eyed and reeking of booze when she drove the wrong-way and drove into a state police cruiser Saturday. The prosecutor explained that the Defendant’s relationship with the truth at the time was somewhat periodic.

At first, after the accident, the trooper came to her car and told her that she had just smashed into a police car. Her alleged response? She claimed that she had not hit anything. Then, when questioned about alcohol use, she is said to have told the troopers that she had had “a lot to drink” at a friend’s party. She is said to have then begged them to simply take her home.

Apparently, they found another option. They drove her to their (police) house.

At the barracks, Defendant is accused of trying to sabotage her blood-alcohol test by halfheartedly blowing into a Breathalyzer. The troopers marked said attempt down as a “refusal” to take the test, thereby triggering an automatic loss of driver’s license.
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March 10, 2011

Foxboro Seeks New Bill To Prosecute Drunken And Disorderly Conduct

by Samuel Goldberg

Foxboro is apparently tired of public drunkenness.

And, as we all know, when we decide we are against something…we push to make it illegal. Even if it already is basically illegal!!

Folks in Foxboro are now pushing to outlaw public drunkenness. The move is supported by many, including the parents of a young woman who was killed in 2008 after tailgating at Gillette Stadium.

“What’s it going to take, a couple more fatalities?” Steve Davis of Milton said as he and his wife baked a cake for what would have been their daughter’s 23rd birthday today.

On Monday, at a Town meeting, voters approved an article to impose a $200 fine for public drunkenness. This makes Foxboro the only Bay State municipality other than Dedham to pass such a bylaw, according to the state Attorney General’s Office, which must approve the measure.
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March 7, 2011

Melrose Driver In Lynnfield Accident Is Arrested For OUI, Drug Possession And Motor Vehicle Homicide – Attorney Sam’s Take

by Samuel Goldberg

Wiilliam J. Halpin III, a 25-year-old Melrose man (hereinafter, the “Defendant”) is likely not looking toward this week with glee. According to the Commonwealth, he was a bit too gleeful Friday night. Self-induced narcotic-type of gleeful. In other words, he is accused of driving his SUV under the influence of drugs. But it does not end there.

He got into an accident which killed one man and wounded a six-year-old boy.

Today, he is due in court to face the resulting charges. The state police arrested and held him at the scene of the accident. The accident took place on Route 1 in Lynnfield. It is also alleged that the Defendant struck one, not two, vehicles.

According to the Commonwealth, the Defendant drove his SUV into a taxi cab and a second vehicle, both of which were in the breakdown lane near the Fat Cactus restaurant. Ironically, the accident occurred while those two drivers were in the midst of exchanging papers after a different, more minor, crash.

Victor Vargas, a 42-year-old taxi driver from Lynn and father of two, was later pronounced dead at North Shore Medical Center Union Hospital in Lynn.
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February 17, 2011

Revere Man Charged With OUI Plowing And Assault With A Dangerous Weapon (The Plow) – Attorney Sam’s Take

by Samuel Goldberg

This winter has presented us with various seasonal weathers…from seemingly Alaskan blizzards to mild Massachusetts spring. It is enough to confuse and to irritate anyone. Apparently, Michael Ciarlone, a 54 year-old Revere gentleman (hereinafter, the “Defendant”), is someone who indeed lost his “cool”.

Allegedly.

According to the Commonwealth, it started when the Defendant used a pickup truck and plow to push snow around a car he believed had parked in his spot on January 14th. When the car’s owner and others came outside, the Defendant is said to have shouted at them and then backed into one man with the truck. Finally, the Defendant is accused of kicking that man in the head and later punching another man in the face, breaking his glasses. According to the Commonwealth, the Defendant was inebriated at the time.

Both recipients were apparently treated for injuries at the scene.

The Defendant was treated to a later arraignment in Chelsea District Court for various charges, including assault and battery with a dangerous weapon, malicious destruction of property, and operating under the influence of alcohol.
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February 11, 2011

Duxbury Woman Is Assaulted By Hanover Drunk Driver – Attorney Sam’s Take

by Samuel Goldberg

Mike Hennebury, a 37-year-old man from Hanover (hereinafter, the “Defendant”) is in trouble as this week comes to a close.

According to the police, the Defendant was on his merry way Tuesday night, driving drunk, when he ran off the road. Say what you will about the Defendant, he is apparently consistent. He has had three prior drunk driving cases in the past.

When the Defendant left the comfort of pavement, he ended up in the front yard of a home in an otherwise peaceful Duxbury neighborhood. There, his car came to a rest and was apparently having difficulty moving. Yes, it was stuck in the snow.

The good news is that a nice 72-year-old woman came out of her home, concerned that he needed help.

The bad news is that he apparently did not want any help. He really did not want any help!
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February 4, 2011

Arrested In Boston For Drunk Driving With A Little Warrant In Between- Attorney Sam’s Take

by Samuel Goldberg

Boston police got a 2-for-1 bargain earlier this week in the area of drunk driving.

They stopped an automobile near Columbia Road and Holden Street in Roxbury. It was initially stopped, according to law enforcement, because it had not stopped at a red light.

As part of normal practice, the driver was asked to produce his license and registration
Guess what?

Whoops! The driver’s license had been revoked. Whoops again…the driver had an outstanding warrant for his arrest due to a pending drunk driving charge.

So, the driver was about to become a guest of the Commonwealth. He asked the officers if his passenger could drive the vehicle home so that it would not have to be impounded.

Whoops a third time!

Upon checking the passenger out, it was discovered that she, too, had a drunk driving warrant out for her arrest.
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January 31, 2011

Milford Sleepy Driver Charged With Driving To Endanger – Attorney Sam’s Take

by Samuel Goldberg

This past year, there was a lot of attention paid to Massachusetts drunk drivers and those who drive negligently. For example, a new law was passed to prevent people from texting while driving.

We also had more than our fair share of vehicular homicide cases, including the killing of a police officer due to Massachusetts motor vehicle crimes.

There was one vehicular homicide matter, however, that may not have gotten enough attention. I say this only because it happened again.

Two cars were involved in an accident this weekend which left two cars overturned on interstate 495. Fortunately, nobody was killed.

The cause according to the Commonwealth?

One driver, Jenifer M. Scott, 43, of Milford (hereinafter, the “Defendant”) fell asleep and so lost control of her vehicle. A second driver, at 51-year-old man from Harvard, took measures to avoid the Defendant’s Toyota Corolla and, as a result, went over the guardrail and rolled down an embankment. His 56-year-old female passenger was taken to Marlborough Hospital with minor injuries.
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January 18, 2011

Mattapan Man Seeks Driving License After Six OUI and One Vehicular Homicide Convictions- Attorney Sam’s Take

by Samuel Goldberg

We take today’s blog from the “You’ve Gotta Be Kidding Me” section of the news. It involves a man who clearly picked the wrong time to attempt to get back his Massachusetts driver’s license.

One would imagine that even without the pending Parole debacle claiming the front page every day , that Algary Horton, 53, of Mattapan (hereinafter, the “Nondriver”) would still be refused.

You see, the Nondriver does not have the greatest driving record. He has been convicted six times for drunk driving for example. Oh yes, and there was that time, in 1993, when he killed a woman on one of those allegedly drunken drivers and then fled the scene.

The Nondriver does get points for consistency, however. He was convicted of OUI in 1979, 1987, 1989, 1993, 1998 and 2004, authorities said.
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December 14, 2010

Police Officer Pleads Not Guilty to Many Charges, Including Drunk Driving and Drug Possession

by Altman & Altman

Salem police officer William D. Riley pleaded not guilty to several charges, including operating under the influence of alcohol, domestic assault with a firearm, possession of a firearm while intoxicated and possession of Class E drugs, in Salem District Court on Tuesday. A pre-trial hearing is scheduled for January 13.

Riley was arrested Friday evening when Salem police responded to a Dunlap Street domestic dispute. According to the woman who called the police, she had been in an argument with Riley, during which he said he had a loaded gun outside and after which he followed her outside, put a gun in his car, and drove off in it. The woman gave a box of what she said were Riley’s steroids to the officers. The police found Riley in his car on Dunlap, allegedly showing signs of intoxication.

The police department suspended Riley without pay and may take further disciplinary action against him.

Source: The Boston Globe, Salem police officer pleads not guilty

The drug possession charge may be very difficult for a prosecutor to prove in this case because the steroids were not in Riley’s physical control and there is no indication from these facts that Riley had the ability or intention to exercise control over them. It could also be difficult to prove the domestic assault with a firearm charge. There can be no criminal assault where there is no attempted battery and no threat or unlawful act that would place a person in immediate fear. From the facts given here, it is unclear whether Riley’s alleged actions would rise to the level of an assault. It would also be interesting to find out what the alleged signs of intoxication were. An emotional argument with a romantic partner may be a perfectly good reason for exhibiting certain “signs of intoxication” like glassy or bloodshot eyes and angry or irritated reactions.
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