Articles Posted in OUI/Drunk Driving

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Yesterday, as you may have read through various print and other media outlets, I had occasion to drive to North Adams, Massachusetts on a new case. As I traveled the various hours, I was reminded again and again through the radio how I was actually taking my life in my hands. This has not been a great summer so far for driving safely. The only thing that seemed to make the odds in my favor for arriving in court and then at my office in Cambridge was the fact that I was not a member of any police force.

There have been a number of incidents where officers have been struck by civilian drivers over the past month. The latest example to grace the headlines was Mathew C., 24, (hereinafter, the “Defendant”). On Saturday morning, he allegedly rear-ended a state police cruiser in a highway breakdown lane. He is said to have had a blood-alcohol level over twice the legal limit. Police also claim that he admitted at the scene to having had “too much” to drink.

I guess that would seemgly slam the lid shut for a prosecution for, among other things, drunk driving.

This was the fifth such crash in recent weeks. This time, the police say, the driver didn’t brake at all before slamming his car into the cruiser.
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Today’s posting on the Boston criminal lawyer blog does not really involve Boston.

It does involve criminal law, though. As well as show business.

You may have heard snippets over the past months of Lindsay Lohan and her difficulties with the law. One such difficulty has been showing up in court for such incidentals such as probation violation hearings.

Finally, it would seem that the court had enough.

Yesterday, a Los Angeles judge found Ms. Lohan in violation of her probation. The actress was sentenced to 90 days in jail. The hearing revolved around a missed court date in May. Ms. Lohan had claimed that the reason she had missed the court date was that she had lost her passport at the Cannes Film Festival and was unable to travel back to the states to attend the court date.

I hate when that happens, don’t you?
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Massachusetts had more than its fair share of crimes this past holiday weekend. There were shootings in the Boston area, one homicide and, as one would expect from such a weekend, plenty of vehicular crimes. Criminal Defense attorneys will be needed.

For example, one Massachusetts woman was arrested this weekend in Salem, N.H., after police said she stole purses and led them on a harrowing chase with her 12-year-old daughter in the car.

This would be Maria M., 36, of Lawrence (hereinafter, “Mother Defendant”). She is said to have targeted customers at the Christmas Tree Shops, Target, and Market Basket in the area. According to the authorities, she would reach for purses left in shopping carts while the women looked away and “larcenied” her financial cares away.

According to witnesses, Mother Defendant brought a “young girl”, presumably her daughter, along for the July 4th festivities, as she liberated items from said purses.

Once the police spotted the described car, along with the occupants matching the description, they tried to pull her over.

This did not go too smoothly.
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With so many people taking to the roads this holiday weekend, local and state police will be on the lookout for motorists that appear to be driving drunk. According to AAA Southern New England, there will likely be a 5.4% increase in travel this Memorial weekend over last year, with 32.1 million travelers headed somewhere. Many of these people will be in cars, motorcycles, buses, and trucks.

If you are arrested for Massachusetts DUI, DWI, or OUI, it is important that you speak with an experienced Boston criminal defense law firm that knows how to successfully represent clients charged with drunken or drugged driving. These are not the type of charges that you should take lightly. A conviction for drunk driving or driving while under the influence of drugs could increase your insurance rates, restrict your right to drive, and land you in jail. These consequences can impact your ability to make a living, complete your studies on time, or keep you away from your loved ones.

If someone was injured or died in a drunk driving accident that you are charged with causing, the penalties and sentences can be extremely severe. A conviction for Massachusetts OUI causing serious bodily injury can come with a 10 years maximum prison sentence. A Massachusetts OUI motor vehicle homicide conviction can carry a maximum 15 years in prison.

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The Boston Globe posted a “snapshot” on May 13th reviewing how busy the various Massachusetts are in terms of criminal cases. You can view it here.

As one can see, the number of criminal defendants handled by the different district courts varies widely. Springfield and Worcester, for example, saw more than 11,000 defendants each in 2009. Six courts saw fewer than 1,000. These were Gloucester, Winchendon, Newton, Brookline, Ipswich and Nantucket.

Generally, the busiest courts are the ones nearest metropolitan areas. Thus, Dorchester and Roxbury are liable to be busier than Newburyport or Sandwich.

Depending on the areas, some criminal cases are more prevalent than others. For example, you can expect more homicide cases to be passing through on their way to indictment in the busier courtrooms than someplace like Ipswich.

Another variable that can effect how busy is a certain court is the presence of schools, particularly high school and college. As we have discussed, this is likely to grow given the new bullying law.
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Just to show you that the Boston Criminal Lawyer Blog is not only focusing on kids these days and their foibles, such as attempted murder, we discuss today a slightly older gentleman in need of counsel…lots of it.

The gentleman, Michael G., 31 (hereinafter, the “Defendant”) hails from Salem and was arrested in Swampscott for operating under the influence as well as one or five other charges. He was apparently not charged for other, somewhat unusual items of interest in his car.

The Defendant was brought to the Lynn District Court where he was charged with operating a motor vehicle under the influence of alcohol, negligent operation of a motor vehicle, operating a motor vehicle with a suspended license, drinking alcohol from an open container in a motor vehicle, marked lanes violation and following too closely.

Swampscott police had been alerted to the Defendant, who is a student at Wentworth in Boston, as he sped by on New Ocean Street around 3:30 a.m. April 30.

As the police followed him, the Defendant is said to have been weaving all over the road and tailgating another vehicle, before he was pulled over on Paradise Road.
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Tempers sure are flaring now that it is known that no serious injuries resulted from the collision between a Green Line MBTA train smashed into a jeep! Transit officials are crying “Foul!” against the athletes who had been in the jeep. Crimina-Defense-Attorne- Needing-type-Foul.

The crash took place this past Sunday around midnight as a Green Line trolley driver, traveling about 30 miles per hour, was heading westbound en route to stop at Greycliff Road and Commonwealth Avenue in Brighton. Yards from the Greycliff Road crossing, the driver says he noticed a black Jeep Cherokee at the intersection at Commonwealth Avenue.

According to an MBTA transit police report, the driver sounded the horn five times and then engaged the emergency stop. The jeep’s driver cut in front of the train as if attempting to make a U-turn onto Commonwealth.

WHAM!

The trolley struck the side of the Jeep, pushing it back onto Commonwealth Avenue. When the jeep stopped, according to the report, some of the its occupants got out, grabbed items that appeared to be alcoholic beverages, and then fled down Greycliff Road.
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One moment. One very bad moment following a very bad decision. Boston criminal defense attorneys see it every day.

That’s all it takes to ruin, or even end, innocent lives….as well as guilty ones.

It is a lesson that we witness played out on the Commonwealth streets this past Monday. Now, here are two similar stories to show it is a lesson that is still being learned quite late.

Let’s take the case of Jonathan C. , 19, of Saugus (hereinafter, “Defendant1”) for example.

Defendant 1 spent a very painful day in Lynn District Court this past week. He is now spending time in Commonwealth housing.

Defendant 1 pleaded guilty in a vehicular homicide matter which had caused the death of one woman and severely injured another. In open court, he apologized to the family on the other side of the tragedy, explaining, “There is not a day that goes by that I don’t think of it.”
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Well, this week has not been particularly good on the streets of Massachusetts. At least three deaths in two days alone! Lots of fodder for lawyers.

“Well, of course not, Sam”, you tell me. It was raining to almost biblical proportions!”

Yes, well that ended on Monday. It’s been kind of sunny the rest of the week, which is when the deaths occurred.

For example, Bruce F., 46 of Salisbury (hereinafter, “Fatality #1”) was fatally injured when he was hit by a car after stepping into the right lane on Route 95 South in Newbury at about 7:30 p.m. on Tuesday night.
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Today, the Boston Criminal Lawyer Blog points out that there really can be “heroes” as well as “villains” in today’s modern, if not skeptical, age.

It seems to also be a story of a suspect’s alleged consistency.

It was this past Monday. It began when a 34-year-old woman parked her Acura SUV at the Dock Square garage in the North End. Suddenly, out of nowhere, a burly man appeared at her door, speaking calmly and matter-of-factly.

“I need your car, I need your keys,” he said.

When she saw the gun in her hand, she knew it was not simply an unlucky gentleman who simply needed an emergency ride to, say, deliver a baby.

He simply wanted to deliver the car…to himself
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