Articles Posted in Vehicular Crimes

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 You see, it had been revoked three times.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 Oh, and he was driving while his license was revoked.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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Philip Wuonola, a 19-year-old Waltham man, pleaded not guilty on Wednesday to motor vehicle homicide charges arising from a May crash that killed a 9-year-old boy. It is alleged that Wuonola ran a stop sign when he was delivering pizza for Domino’s.

Wuonola was arraigned in Waltham District Court and was released on personal recognizance. The Middlesex District Attorney’s Office told the Boston Globe that Wuonola was driving a 2002 Mazda Protégé when it collided with a Jeep Grand Cherokee SUV at a Waltham intersection. The SUV was overturned from the impact and the 9-year-old, who was not wearing a seatbelt, was ejected and later pronounced dead at Newton Wellesley Hospital. The boy’s mother survived.

Wuonola’s attorney told the Globe that his client is traumatized and devastated by the death. The attorney also said that he will pursue the issue of whether the death was caused by the mother’s failure to use a seatbelt for the child or by the crash.

Although it is unclear from the article, this is may be a misdemeanor charge because there is no mention of the teen driver being under the influence or alcohol or drugs. If that is the case, then the maximum penalty that he would be facing is up to 2 1/2 years in jail or a house of correction or by a fine of at least $300 and up to $3,000, or both. To be convicted, the prosecutor will have to prove that Wuonola was operating the vehicle recklessly or negligently. It will be interesting to see how the attorney approaches this issue of the cause of the boy’s death. It is a smart and absolutely necessary issue to raise because the leading cause of death for children in accidents is lack of seatbelt use. The attorney will have to approach it with finesse and sensitivity if the case goes before a jury, though.

Source: The Boston Globe, Waltham man pleads not guilty to motor vehicle homicide charge
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A 26-year-old man from Roslindale has been charged with vehicular manslaughter and driving while intoxicated. The Boston Globe reported that Patrick Smith, a New Jersey man, was driving along the Major Deegan Expressway in New York City when he collided with a vehicle driven by Pablo Ovalles, who was driving north in a southbound lane. Smith was pronounced dead, and Ovalles is being hospitalized.

Source: The Boston Globe, Roslindale man charged in fatal crash

The potential consequences of drunk driving are serious everywhere. If this man had been charged in Massachusetts, then not only would he be facing jail time, but he would also be facing loss or suspension of his license, large fines, and much more. At Altman & Altman, we’ve successfully defended clients in countless drunk-driving cases.

If this man’s vehicular manslaughter charge had been a Massachusetts one, then the issue of whether he’d be looking at a felony or misdemeanor would depend on the circumstances. In Massachusetts, vehicular homicide is a felony where the driving was both negligent/reckless and the defendant was drunk. It’s a misdemeanor where the defendant was either reckless/negligent or drunk.
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A speeding car near 1400 Tremont St. in Roxbury killed a man riding a scooter on Sunday night. The vehicle then kept going and headed toward Brigham Circle.

The man was pronounced dead at Brigham and Women’s Hospital. He has not been indentified awaiting notification to his family.

The police have not yet released a description of the vehicle.

Source: The Boston Globe, Scooter driver killed in Roxbury hit and run

When a person dies because of a hit and run, the driver will be charged with a felony. The punishments can be very serious. If you have been involved in a hit and run, it is strongly recommended that you immediately contact an attorney with hit and run experience.
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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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I have been breaking a new Massachusetts Motor Vehicle Law. Chances are, so have you.

Well, that’s sort of true. Actually, the law does not go into effect until next week. September 30th to be exact. You may have seen some of the message boards that have been posted about it.

They read, “TEXTING WHILE DRIVING IS AGAINST THE LAW.”

That’s right, no more texting while driving starting next week.

“Oh, Boy”, I can hear you say. “Sam’s about to go off about a new and ‘unnecessary’ law!”

Believe it or not, that is not the case.
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Theary C., 26, of Lowell, (hereinafter, the “Defendant”) is due to be brought in to Lowell District Court today.

He is to be arraigned on a charge of MA homicide.

No, not the type of killing which dominated the news, and this blog, last week. This is not a case of premeditated murder. It is a case of vehicular homicide.

The victim?

An off duty police officer, Patrick J., 31 (hereinafter, the “Deceased”)
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Now, given my sardonic view on things, it would not surprise you to check out this once-again daily blog one day to find me describing a scene wherein somebody was speeding down the road and, having run down an innocent pedestrian, got out of his car and started pulling on the semi-flattened gentleman, begging him to get up.

Perhaps, I might even compare the driver in such a situation to a child who, after having committed some damage, asks for a “Do-over”.

Of course, you would expect that, by the time the blog was over, you would have heard about the driver being arrested for a myriad of charges, not to mention some kind of vehicular homicide.

Well, guess what?

Such an occurrence actually happened last week…with one twist.

The driver was a police officer.
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Homicide can occur during the most unlikely of events. As a Boston criminal defense attorney, not to mention a Brooklyn prosecutor, I have seen my fill of events in which people acted in ways that they admittedly should not have and were left with totally unexpected results.

Deadly results.

Here is a tragic example from this past weekend.

Hector G. of South Boston (hereinafter, the “Defendant”) was in Lansdowne Pub on Lansdowne Street near Fenway Park. At the same time, Mike D., 23 from New York (hereinafter, the “Deceased”) was up from the Big Apple and visiting with some old college friends.

According to investigating officers, the Defendant became angry with a member of the Deceased’s group because of a brief “run in”.

And so it was that the Defendant did something stupid. He threw a beer mug at the Deceased’s table.
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Hey, the weather this weekend is supposed to be really nice. Are you looking for a fun activity for a summer’s evening here in Boston? Well, might the Boston Criminal Lawyer Blog suggest an evening at the fights?

No, I am not referring to wrestling or boxing or even a movie like “The Boxer” or “Rocky XVI”. Given the popularity of reality television, it is more in that vein. Sort of like a cross between that and watching some domestic violence…without the domestic.

If you would like a sample, just tune in to YouTube, Boston.com, or any one of a variety of websites sporting a video of a recent performance in Boston’s own Chinatown.

In watching it, you will be joining with Boston’s Finest. Currently, Boston police are reviewing a video that is circulating on-line of a violent altercation in Chinatown. Interest aside, there is apparently no investigation being conducted into the melee.

The 2-minute, 33-second video shows a group of seven gentlemen who appear to be harassing drivers and assaulting cars as they pass on Tyler Street in Chinatown.

Well, everybody has to have a hobby…!
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