Articles Posted in Vehicular Crimes

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The 88-year-old Canton woman who accidentally ran down a young girl at a Stoughton crosswalk on Route 138 on June 13 has been ordered to serve six years of probation and pay a $200 fine for the 4-year-old’ s death. Isle Horn had pleaded guilty to the charge of Massachusetts motor vehicle homicide.

The Stoughton pedestrian accident happened as 4-year-old Diya Patel, her grandfather, sister, and brother were crossing the street. Horn is accused of hitting the girl with her vehicle. Diya’s body was thrown 62-feet into the air.

Prosecutors contend that the elderly driver didn’t try to slow down or step on the brakes and that Diya was visible about 375 feet before Horn struck her with her vehicle. They had asked that Horn serve a minimum probation of 15 years. Horn is barred from ever driving again. She lives in a Canton nursing home.

Horn was also behind the wheel on September 14, 1992 when she and her husband were involved in a fatal car crash. She reportedly fell asleep while driving and her 73-year-old husband, Charles, died from fatal chest injuries.

Massachusetts Motor Vehicle Homicide
The charge of motor vehicle homicide is a serious criminal offense in Massachusetts. The felony charge usually involves negligent or reckless operation while under the influence of alcohol or drugs resulting in another person’s death. To charge someone with misdemeanor motor vehicle homicide, prosecutors need to prove that either alcohol or drugs were involved or the motorist was operating recklessly or negligently.

A conviction for either charge usually results in jail time.

If you have been charged with Boston motor vehicle homicide, there may be reasons why the charges should be dropped or reduced. An experienced Boston criminal defense lawyer may also be able to help you reach a plea agreement resulting in a less harsh sentence.

End of road for driver, 88, Boston Herald, August 7, 2009
Elderly Mass. driver pleads guilty in girl’s death, Newsday, August 6, 2009
Related Web Resources:
Read the court statement from the case

Motor Vehicle Homicide, Massachusetts General Laws Continue reading

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As a Boston-area criminal defense attorney who has worked on both sides of the aisle, I have been doing a lot of talking lately about Disorderly Conduct arrests in the Commonwealth. I have been interviewed by media outlets out of state, such as the L.A. Times as well as national outlets such as Time Magazine. In the meantime, the arrest of Professor Gates has been assigned by most to the pile of questionable racial incidents.

To me, however, to write it off as simply a “racial incident” misses the point which is faced by people every day in the criminal justice system. The primary difference between Professor Gates and most other cases is that he is a man of stature who can command national attention. Most people do not. As a result, when they become offensive to a police officer, there is no media pressure causing prosecutors to drop charges or a thick blue line of officers holding press conferences to demand apologizes from local and national public figures.

This is why this blog regularly warns you to avoid confrontations with the police and, if you are being approached, do not to try to engage in a battle of “one upmanship” with the officer, be it physical, strategic or verbal. The bottom line is that you will lose such a match, at least for the day. The officer carries the cuffs…you only get to wear them. The officer has the badge and the gun. Those items will outweigh your brilliant arguments and speedy escape attempts every time.

“But Sam”, you ask me, “What are we supposed to do? Just stand there and take it?”
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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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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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Two Massachusetts Criminal Defense Attorneys have new clients resulting from their dealings with local police departments this past weekend. The two men handled the situation differently, but both methods ended in the same place…custody.

First there was the adventure of Randy G., 25 of Boston (hereinafter, “Defendant 1”). Defendant1 indicated that he was rather fond of doing business with a certain undercover police officer. In fact, he liked him so much, he thought it would be nice for the undercover to be a regular customer for his drug trade.

How did he do that? Well, the good old fashioned way – he tried to entice him with a bargain. He offered the undercover detective a lower price on crack, cocaine, if he would buy in volume.

The bargain was that Defendant1 would sell the UC seven or eight bags of crack for only one hundred dollars if he agreed to join his cadre of regular customers.

Not a bad deal…if you are in the market for that sort of thing.

The UC, however, wasn’t. He responded by offering Defendant1 a pair of the Commonwealth’s Bracelets of Shame. It was a deal Defendant1 could not refuse. Literally.
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Being a police officer in the big city can be dangerous. We all know that. Logan Airport, of course, is within the limits of the city of Boston. So, it is not too shocking that it can be a dangerous place. Usually, though, that danger does not come inside the packaging of a Mercedes Benz SUV and presented by a Wellesley businesswoman.

It did in March, though.

Last week, she resolved the matter.

She apologized.

Of course, “my bad” was not the first reaction that Margaret G., a 57-year-old portfolio manager and former Wellesley school board member (hereinafter, the “Defendant”) offered to law enforcement in this matter.
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It has been awhile since the daily Boston Criminal Lawyer Blog has received news from the “Hey, I’ll Bet I Can Make This Situation Worse” Club. Months ago, their members appeared quite frequently in my postings. Not to worry, though. They are back and one unfortunate member needs a criminal lawyer.

The story may strike you as familiar.

This incident took place yesterday, May 12th. The previous incident to which I refer was the subject of this blog on March 12th.

Yesterday’s scene, according to the Boston Herald, took place at the Natick Collection mall. A couple were out together, enjoying enjoying an afternoon of nice weather and theft. Lt. Brian Grassey says that, at approximately 4:00pm, two plainclothes detectives from Natick police were at the mall “and made observations of what appeared to be a store larceny unfolding right in front of them.”

In other words, shoplifting.

The suspects were a man and a woman. Mall security chased the couple from a Sunglass Hut. When the woman was detained, the gentleman decided the date was over and took off. She has been charged with shoplifting in excess of $100 and conspiracy.

While the gentleman’s evening activities with his lady-friend may have been over…the officers felt that they were deserving of some quality time with him too. They followed the man outside and detectives saw him get into his car to leave the area.
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‘Tis the season of high school proms. As a parent, I know the worry about what
“the kids” are doing out there. It did not occur to me that the adults in charge of the kids might need some worrying too. However, take Boston-area limosine driver, Brain H., 45 of Tewksbury, (hereinafter, the “Defendant”). Friday night, he was given the news that when this week began, he would be trading in his license for a new relationship…with a criminal defense attorney,

He was arrested in Lowell and charged with operating under the influence of alcohol…while transporting a group of high school students after the prom.

You see, a group of Lowell Catholic High School students hired the limosine from Lynette’s Limousine Service for the prom on Friday evening. However, during the outing, according to police, two of the girls noticed that the driver was driving erratically. One of them called a parent when the limo stopped at the Showcase Cinema at 32 Reiss Ave., police said.

Apparently, the students became suspicious that the Defendant ‘s driving abilities had been hampered by drinking during the trip because he kept getting lost and repeatedly veered onto the rumble strips on the side of the road. According to the students, the situation got so bad that the students demanded that the Defendant pull over the limousine, which is why they stopped in the movie theater parking lot.

Officers said the parent who had been called immediately contacted Lowell police and the Defendant was arrested at the movie theater at 11:40 p.m.

According to police, the Defendant had initially left the area when the students refused to get back into the car, but returned shortly after, pleaded for the students to forgive him, and tried to convince them to get back into the limo. At one point he is said to have “…actually put his hands in the praying position and said ‘Please, I’m sorry, I made a mistake,” according to the students.

The students did not go for it and the parents are likewise not in a forgiving mood.
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A north of Boston attorney has found herself on the chair most often occupied by her clients. At least, that is, in court. Otherwise, she is in custody, held without bail, for driving offenses.

Tracy T., 32, of Revere (hereinafter, the “Defendant”) is being held without bail on what the Commonwealth alleges to be her third drunk driving charge. Well, that was one reason.

The other reason, according to prosecutors, is that she gave false information to the patrolman who stopped her.

The alleged event took place in Marblehead last Thursday morning. The Defendant was pulled over by police. Upon questioning, she is said to have given the police a phony name, date of birth and a Social Security number that turned out to be that of an elderly man. She said she didn’t have her license on her, then told the officer that it was expired.

When police determined who she was, The Defendant became apologetic and then allegedly gave the kicker line, “You aren’t going to arrest me, are you? I can’t get arrested. I am an attorney,” according to police.

Given that her line of argument was not persuasive under the circumstances (which allegedly include her failing two of three field sobriety tests and then registering a .22, more than three times the legal limit, on a portable Breathalyzer, the answer was in the affirmative.
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This past Monday’s posting of the Boston Criminal Lawyer Blog was about a gentleman who elected the “self-help” approach to criminal justice.

It did not end too well for him.

Today’s posting demonstrates that taking said approach as a family does not work out any better than when acting solo. One could also argue that it is why this daily blog should be required reading…but that’s another issue.

This time, the place was Rockland. Michelle C., 41, of Rockland (hereinafter, “Mommy Defendant”) and her son, Jason R., 24, of Abington (hereinafter, “Sonny Defendant”) were arrested on Easter Sunday for allegedly assaulting an 18-year-old Scituate man, stabbing him twice, during a dispute.

The dispute was about clothing.

According to Rockland Lt. Barry Ashton, Sonny Defendant and the alleged victim were formally friends. They had planned to meet to exchange some clothing. You see, the complainant had a Miami Heat basketball jersey in his possession that belonged to Sonny Defendant and Sonny Defendant had a hat that belonged to the complainant.

The defendants parked a white van several houses away from the home of the complainant’s sister. The complainant and an acquaintance walked over to the van but, according to Ashton, an argument started between the complainant and Sonny
Defendant, who left the van.

Apparently, a fight ensued and, according to police reports, Mommy Defendant left the van to help her son in the fight the complainant.

The complainant was stabbed twice during the fight, Ashton said, once in the elbow and once in the back Continue reading

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