Articles Posted in OUI/Drunk Driving

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Vernon Perry, 52, was arrested Saturday in Seekonk on his 11th drunk-driving charge. According to Seekonk police, Perry was driving at a high speed on Taunton Ave. when he crossed a double yellow line. It is alleged that Perry failed field sobriety tests and gave a Rhode Island address even though he had an “active” Massachusetts license. Perry refused a breathalyzer. His 2001 Saturn was impounded. Police didn’t say when Perry will be arraigned in Taunton District Court.

Source: The Boston Globe, Driver arrested in Seekonk on his 11th drunken driving charge

This man is facing mandatory jail time and large fines, and he should speak with an attorney who can be present with him at his arraignment.

Often times refusing a breathalyzer, as Perry did, leaves good options for combating drunk-driving charges. In Massachusetts, you do not have to take a breathalyzer test. Prosecutors will not be able to introduce the refusal against you at a trial, but there will be license-suspension consequences, the length of which will depend on whether it’s a 1st offense, 2nd offense, etc.

Even where, as is alleged here, a person fails field sobriety tests, there can be several reasons for that other than being drunk. For example, being nervous, tired, overweight, or elderly can cause a person to fail a field sobriety test. These kinds of tests can also be administered improperly or under improper conditions.

When a car is impounded, as this man’s was, police can make a warrantless inventory search of the contents of the car. This is because people have a lesser expectation of privacy in their cars than in their homes and because inventory searches protect police from claims and protect the car owner’s property. However, the inventorying process cannot be used as a ploy to search for incriminating evidence.
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Sometimes it is tough to know what to believe in. This supposedly daily Boston-based criminal law blog has been posted only three times a week the past few weeks. Politicians are being indicted and convicted for white collar crimes. And now, Matthew J. Amorello, the former chairman of the Massachusetts Turnpike Authority, admits to drunken driving resulting in the August crash, allegedly passed out during booking and then disappearing for a day or so from the face of the Earth. And what about the criminal justice system itself? Does it give Mr. Amorello (hereinafter, the “Defendant”) special treatment?

Many will be complaining that he did get special treatment.

After all, upon his admission, he was merely ordered to give up his license for 45 days, attend alcohol awareness classes, and pay more than $500 in fines. In fact, the judge did not even impose a guilty finding!

The Defendant admitted, “Simply stated, I made a horrible mistake. Today I took responsibility for my actions.” Speaking of the ordeal, he further stated, “I want to close this chapter of my life and start moving forward and will do that with the love and support of my family, my friends. It’s been a difficult time and it’s time to get up and dust myself off and get back to being Matt Amorello.”
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Today’s tale takes us to the town of Quincy, where a local gentleman is having issues with the criminal justice system. His issues surround his driving license. You see, it had been revoked three times. Now, he faces a plethora of criminal charges, including Operating Under The Influence.The gentleman, Rony S. Santos-Cruz, 24, (hereinafter, the “Defendant”) has entered a not guilty plea in Quincy District Court and posted $1,000 cash bail to regain his freedom in his latest crash into the judicial system.

According to Assistant District Attorney Erin McFarland of Quincy, the Defendant, while under the influence, struck four vehicles. Oh, and he was driving while his license was revoked. Again. She also explained during arraignment that the Defendant admitted to driving the blue Buick involved in the accidents, and that the vehicle he was driving had severe front end damage, including a blown tire and several dents and scratches.

Apparently, when asked where he was going and where he had come from, the Defendant answered , “home”.

I imagine it was simply a round trip to the parked cars and back.

Allegedly.
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Dana Kessel, 40, has pleaded not guilty to the charges of Massachusetts child endangerment, third-offense drunken driving, and driving to endanger. The charges are related to a car crash that left his 2-year-old son with serious injuries. Kessel was arraigned in Salem District Court.

The Beverly resident crashed his minivan into a utility pole on Saturday. His son, who was with him at the time and not wearing a child safety restraint, flew into the dashboard. The little boy suffered internal bleeding and sustained a head wound.

According to police, Kessel, who failed several field sobriety tests and couldn’t remember his son’s name or age, was arrested. His blood alcohol content, which was tested at the police station, was over twice the legal limit.

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Yesterday morning, as I was driving to the Boston Municipal Court, I received a text message from Altman & Altman’s fearless leader, Attorney Steven Altman.

Uh-oh. What to do when the big man summons?

Well, in this case, what I did was…nothing. In case you have not been paying attention, there is a new law in town which outlaws, among other things, texting while driving. Once a frequent offender, I have embraced the new law as a way to drop this bad and dangerous habit.

What’s that? You think the new law is stupid and over-emphasizes the precariousness of surviving driving on today’s Massachusetts roads? Hmm…maybe you are right. Let me think on that as I peruse yesterday’s news stories.

Well, first I see why my arrival at the BMC was so late yesterday. I drive on Route 107.

Boy, was there a tie-up!

Apparently, A 61-year-old Peabody woman died thereabouts after a front wheel came loose on her car, the vehicle went out of control, careening into the Saugus River near the Revere-Saugus line, authorities said.
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In yesterday’s Boston Criminal Lawyer Blog, I discussed a bank manager and his buddy who have found themselves in the sites of the Massachusetts criminal justice system. The charge was assault and battery with a dangerous weapon, to wit a hammer and a football.

Today, it is a Massachusetts state trooper who has caught our attention. Same crime, although with the addition of drunk driving. This time, though, it the weapon is a gun…and, yes, shots are fired.

Timothy W., 41, (hereinafter, the “Defendant”) is a Massachusetts state trooper who is a decorated war hero. Yesterday, he was released on personal recognizance after being arraigned on charges that he allegedly drove drunk, crashed his car on a Dorchester street, pointed his gun at a Boston police officer, and later fired his gun into the ceiling of his home.

About a dozen family members, friends, and co-workers, including at least five men in military uniforms, attended the hearing in Dorchester District Court.

Clearly, this is not the tale of a bully dressed in blue, getting caught abusing power and demonstrating an abundance of attitude. It would appear that it is the tragic story of a man in real need to be helped.
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Former Massachusetts Turnpike chairman Matthew Amorello (hereinafter, the “Defendant”) has fallen into ever-deepening holes of trouble on the criminal justice battlefield. First, he was arrested for drunk driving this past weekend. Well, not really just drunk driving. There are apparently other charges levied after he allegedly smashed into parked cars and tried to flee the scene despite the fact that one of his tires was off.

After a night of what the authorities call “sleeping it off” at the station, the Defendant was told he had to attend his arraignment in Haverhill court yesterday.

He didn’t.

And so it was that a Haverhill District Court Judge issued a default warrant for the man who once oversaw one of the largest public works projects in the state’s history…the Big Dig.
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Here is another one in a series of people being prosecuted for having parties wherein juveniles are allegedly given alcohol. As mentioned last week, ’tis the season apparently.

Specifically, Elizabeth M., 50, and her son Taylor, 18, of Cohasset ( hereinafter, collectively, the “Defendants”) now face charges in Quincy District Court. They have pleaded not guilty yesterday to charges that they hosted an underage drinking party that drew dozens of teenagers to their home on Saturday night. Her charges include furnishing alcohol to minors under the ”social host law,” keeping a disorderly house, and disturbing the peace. He faces charges of furnishing alcohol to minors and being a minor in possession of alcohol.

Both were ordered to abstain from drugs and alcohol and undergo in-home sobriety testing, while they wait for trial.
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Well, we began this week on the Boston Criminal Lawyer Blog discussing crimes that occur in the summer. Yesterday, I was reminded of a companion crime to drunk driving and too much partying.

Two Palmer residents now face criminal charges that they supplied alcohol to a 17-year-old boy who later died in a dirt bike accident.

For those of you who are not sure, the drinking age is currently 21.

Police say 45-year-old Robin K. and 28-year-old Kenneth D. (hereinafter collectively, the “Defendants”) will be summoned to appear in court on charges of procuring alcohol for a minor.

Detective Sgt. Scott Haley told the Republican newspaper of Springfield that
the teenager, Erik N. (hereinafter, the “Deceased”), drank alcohol during a bonfire in April at the apartment complex where the Defendants live.
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Crime, itsel, is not particularly seasonal. It happens all the time in the Boston area. However, through my years as a Boston criminal defense attorney, I have noted that certain crimes seem to occur more often during certain seasons. Summer is a season where there is often a spike in certain crimes, for example.

The Rock star “Meatloaf” once began a hit song with the line, “On a hot summer night, would you offer your throat to the wolf with the red roses?” After various lines seemingly meant to understand the original question, the answer was “Yes”.

The image of hot summer nights is often used to portray passonate and, often, violent, occurences.

This is not limited to music or fiction.

We often see what might otherwise be verbal arguments escalate into physical altercations. Maybe it is the heat that makes tempers more flammable. For example, on Saturday, I wrote about a woman who was shot by police after she allegedly assaulted them with a knife. This was, of course, after she had assaulted someone else at home with the knife. This ended tragically…the police shot and killed her.

This is also a story which may bear a closer look this week, by the way.
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