2nd Offense OUI DUI

Published on: May 15, 2009

Evidence In OUI Case Suppressed In Massachusetts Where Cops Refuse To Give Breathalzyer Test

Susan Belanger is really lucky and probably has a great lawyer. The 50 year old Pembroke, Massachusetts woman was arrested and charged with a Second Offense OUI. It was reported that cell phone callers observed Belanger driving erratically. The police were notified and observed some of Belanger’s driving pattern. She was followed to her home where she was confronted and ultimately arrested. She admitted to having only one glass of wine and was brought to the Pembroke Police Station where she requested a breathalyzer test. The machine was not working. Consequently she was taken to the Hanson Police Station but was not permitted to take a breathalyzer test there. A judge sitting in the Plymouth District Court ruled in her favor on a motion to suppress evidence obtained after her arrest. The motion was allowed. Now the district attorney will be limited to prosecute this case only with evidence that preceded the arrest.

Evidence In Second Offense DUI Suppressed In Massachusetts Court

Interestingly enough, Massachusetts Courts have ruled that G.L. c. 90 Section 24 by its terms does not confer the right to a breathalyzer test on someone arrested for driving under the influence. Rather, it provides protections if the police choose to administer a breathalyzer test. If one is not offered the prosecution loses its statutory presumptions of intoxication; the .08 or greater that can suggest impairment. Of course, if that is the case then there can be no license suspension for refusing or failing the breathalzyer test and a conviction will be more difficult to sustain. This would hold particularly true in this case where Belanger demanded a breathalyzer test.

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Published on: April 23, 2009

Cell Phone Caller Credited With Assisting In Massachusetts OUI Arrest

By Stephen Neyman Criminal Lawyers

According to reports Kris Honkala was driving through Essex, Massachusetts when he hit a wooden planter. A cell phone caller was following him and reported his observations to the police. Honkala, a Newburyport resident continued driving into Ipswich, Massachusetts where he was met and arrested by Ipswich police. Honkala was charged with second offense OUI, a marked lanes violation and leaving the scene of an accident. This case will be prosecuted in the Newburyport District Court.

Second Offense OUI Charged Against Massachusetts Man Who Hit Planter With His Car

If convicted here is what Honkala is looking at: Second offense DUI convictions in Massachusetts have a mandatory thirty day house of correction sentence and you can be sentenced for up to two and one half years. There is a two year loss of license with the possibility of obtaining a hardship license after one year. Fines can range from six hundred dollars to ten thousand dollars and there will be additional court fines and fees. There can be an increased sentence for having left the scene of property damage.

What the article does not mention is the observations of the police officers once they stopped Honkala. There is no mention of anything corroborating their opinion of impairment. There is no mention of Honkala having taken and failed either field sobriety tests, a breathalyzer test or both. This information is critical to both the prosecution and defense of OUI cases. The age of the prior conviction is also important relative to sentencing options should Honkala decide to plead guilty to these charges.

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Published on: April 6, 2009

Ambulance Driver Helps With Massachusetts Drunk Driving Arrest

By Stephen Neyman Criminal Lawyers

At about 2:00 a.m. last Monday a Massachusetts ambulance driver watched a car being driven erratically. He then saw the driver attempt to order food from a closed McDonald’s restaurant. Apparently the man tried to first order from the drive through window. He then got out of his car and stumbled to the door of the closed establishment. The ambulance driver called the police and a stop and arrest were ultimately effectuated. The man was charged with second offense OUI, a misdemeanor in Massachusetts.

Read Article: Ambulance Driver Calls Cops On Drunk Driver

In Massachusetts a second offense OUI is punishable by up to two and one half years in jail. There is a thirty day mandatory house of correction sentence that must be imposed and a two year loss of license. A hardship license may be granted after one year. Here, the defendant’s conduct is the district attorney’s best evidence of impairment. Trying to order food from the drive thru window and then trying to enter a clearly closed establishment will likely suggest to a jury that the defendant was not in a position to operate a motor vehicle that night.

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