Aggressive Defense of All DUI Matters
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A 47-year-old mother was killed and her daughter and a friend were injured in a serious drunk driving accident in Plymouth, Massachusetts, the Patriot Ledger of Quincy reported Sept. 22. Timothy George of Brockton, Massachusetts was allegedly drunk and high on cocaine when he hit a vehicle driven by Elizabeth Oldrid. According to the article, police believe George was driving at 70 mph down Route 14 in Plymouth — where the speed limit is 45 mph — at around 8:30 p.m. Saturday night. He was seen passing other vehicles before swerving into oncoming traffic, where he hit Oldrid’s vehicle, killing her at the scene. Her 17-year-old daughter, Alexandria Oldrid, was treated and released from a hospital. A 15-year-old friend, Savannah Alexander, was hospitalized in fair condition in Boston.

At the scene, officers said George, 32, smelled of alcohol and had glassy eyes and slurred speech. They found cocaine and a device for snorting cocaine in his possession. He was arrested and charged with two counts of negligent homicide by motor vehicle — one for driving drunk and one for operating under the influence of drugs. His other charges include DUI with serious bodily injury; drug possession; speeding; and illegal passing. He was arraigned Sept. 21 and pleaded not guilty, then held on $20,000 bail.

Read article: Judge sets $20,000 bail for Brockton man accused in fatal Pembroke crash

My experience as a Massachusetts DUI defense attorney suggests that at least part of this case will be difficult to defend at trial. If the reports in the article are true, there are witnesses who can testify that George was speeding and passing — and police found the cocaine in his possession. However, the DUI case, be it drugs or alcohol, might be harder to prove. In order to convict a driver of OUI drugs, the prosecution must prove that the driver took drugs, and that those drugs impaired the driver. Impairment is not always easy to prove, especially if the driver was also allegedly drunk, as in this case. Similarly, the prosecution must also prove impairment by alcohol to get a drunk driving conviction — and having had some drinks is not the same as driving while impaired. An experienced Massachusetts drunk driving defense lawyer will argue points like these in defense of his client.

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Police officers in Dedham, Massachusetts say they saw an unusually high number of arrests for operating a motor vehicle under the influence of alcohol, the Daily News Transcript reported Sept. 15. An officer said the police made three different OUI arrests in one night last weekend, including one involving a Stoughton, Massachusetts woman who was found sleeping in her vehicle. A motorist called the police around 6 a.m. to report seeing a beer bottle thrown from a Jeep parked in the road. The responding officer found the Jeep parked but running with its headlights on. A beer bottle was under the driver’s side door.

The driver, Kelly St. Martin, and her passenger, a 25-year-old man from Dedham, appeared to be sleeping. St. Martin reacted to the officer’s first two attempts to get her attention by lifting her head and then slumping over again. After the officer knocked on the door for about 30 seconds, she opened the door. She turned the vehicle off, handed the keys to the officer and said she was not driving. The officer put her through field sobriety tests, on which she did poorly, and observed a strong odor of alcohol on her breath. She was arrested and charged with OUI liquor, and pleaded not guilty at an arraignment Monday.

Read article: Cops cope with rash of OUIs

Many of my clients as a Massachusetts DUI defense attorney are surprised to find that they can be charged with drunk driving even if the vehicle was not actually moving, as in this case. In fact, law enforcement officers in Massachusetts do not need to show that the defendant was driving to make an arrest. State law prohibits “operat[ing] a motor vehicle… under the influence of intoxicating liquor…” or drugs — and officers may decide that “operating” means having the keys in the ignition. However, if the case goes to trial, a jury will have the final say on whether the defendant truly was operating a motor vehicle under the influence of alcohol, as the law requires. Experienced Massachusetts OUI defense lawyers have been able to secure not guilty verdicts for people in this situation, allowing them to avoid the severe penalties of a Massachusetts drunk driving conviction.

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A Framingham man was charged with OUI-drugs and leaving the scene of an accident early on Sept. 11, MetroWest Daily News reported Sept. 13. Barrett Montgomery, 20, was stopped by an officer as he walked away from his own vehicle. Witnesses told the officer that Montgomery’s car had been driven down the road dragging a part that had partially come off of the frame. The officer’s report said Montgomery got out of the car to look at the damage near High Street and Route 9, then started to walk away. After he was stopped by the officer, Montgomery said he must have hit a guardrail. Observing that Montgomery’s eyes were bloodshot and he was not steady on his feet, the officer investigated and discovered that Montgomery had been drinking and smoking marijuana.

Read article:
Cops say Framingham man drove after drinking, smoking pot

In my work as a Massachusetts intoxicated driving defense lawyer, I see far fewer cases of OUI involving drugs than I see of people who drive drunk. A charge of operating under the influence of drugs carries the same penalties as a charge for operating under the influence of alcohol, and the arrest process and some of the defenses are the same. However, a breath test cannot give police enough evidence to prove an OUI for marijuana or another drug; officers must prove to jurors beyond a reasonable doubt that the defendant was in fact operating under the influence of a particular substance. This is not easy to do in that not all police officers have the requisite expertise to give that testimony in court. An experienced Massachusetts DUI Defense attorney might be able to get a judge to exclude such testimony. This could result in the case getting dismissed.

To get a conviction for operating under the influence of drugs, the prosecution must prove the accused took drugs and that the drugs caused impairment. Even if the defendant took and failed a blood test, these can be difficult to prove. For example, in cases involving marijuana, substances related to the drug remain in the body for up to a month after use, which can trigger a false positive even though the driver is not impaired by the drug. A good Massachusetts OUI defense attorney can raise this and other strong defenses for drivers like Montgomery and help them avoid the sometimes life-altering consequences of a criminal conviction.

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A driver from New Hampshire faces multiple criminal charges in Walpole, Massachusetts, after he ran a red light and caused a six-injury accident, the Daily News Transcript of Norwood reported Sept. 10. Daniel Reynolds, 22, of Bedford, N.H., allegedly ran a red light at Routes 1 and 27, hitting a Jeep Grand Cherokee that rolled over onto its roof. Trapped inside was a family of five: Nathaniel Reed, 34; Belinda Mercado, no age given; and children King Reed, 9; Jewell Reed, 5; and Reyna Reed, five months. Nathaniel Reed suffered a fractured neck and was taken to the hospital; the other family members were treated and released. Reynolds was not hurt in the accident, but his younger brother, Joshua Reynolds, suffered head injuries and was taken to the hospital along with another passenger, 23-year-old Erold Grant.

The newspaper said Daniel Reynolds had one previous DUI conviction from New Hampshire in 2007. He displayed signs of intoxication at the scene and told officers that he had been drinking at a preseason Patriots game, but was kicked out for unruly behavior. Officers also found an open bottle of cold beer and two unopened cans in his vehicle. According to the police report, Reynolds expressed remorse to an officer on the scene, saying he couldn’t believe he hurt his brother and endangered the Reed children. The report also said he told the officer he “[expletive] up big time” and had to take responsibility for his actions. However, he pleaded not guilty at an arraignment Sept. 4 on charges of OUI, negligent driving and failure to stop at a red light.

Read article: Police: 6 Hurt in DUI Crash

As a Massachusetts drunk driving defense attorney, I am not surprised that Reynolds pleaded not guilty to this charge. If the facts in this article are true, the prosecution may have a fairly strong case against him, including his own admission that he had been drinking. Nevertheless, there may be aspects of the case that are worth investigating before conceding defenses. Keep in mind that admitting to drinking does not mean that you have admitted to driving while impaired. Perhaps the number of drinks he consumed and the time over which he consumed them will suggest that he was not operating under the influence of alcohol.

Furthermore, the article said Reynolds has a prior DUI conviction in New Hampshire, and Massachusetts routinely includes known out-of-state DUI convictions when calculating penalties for a Massachusetts DUI. That means Reynolds, if convicted, will face the penalties for a second drunk driving conviction, which include 30 days of mandatory jail time, out of a sentence of 60 days to 2 1/2 years; up to $10,000 in fines; and loss of his driver’s license for two years. An experienced Massachusetts DUI defense lawyer may be able to negotiate for lesser penalties such as probation and alcohol treatment, subject to the statutory limitations — but Reynolds may still need to plead guilty.

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Braintree police plan to charge a Holbrook, Massachusetts man with operating under the influence of alcohol and failure to stay in marked lanes, the Holbrook Sun reported Sept. 8. The charges stem from a crash in which the unnamed 36-year-old man hit another car Sept. 3. According to a spokesman for the Braintree police, the man allegedly drifted out of his lane and hit the driver’s side of a car traveling in the opposite direction, before stopping on the sidewalk and a nearby lawn. The driver who was hit, a 48-year-old man from Fall River, and his three child passengers were not seriously hurt. However, the Holbrook man was taken to a hospital with non-life-threatening cuts to the head.

Read Article:
Charges against Holbrook man sought in traffic crash

The Holbrook man is lucky that nobody was seriously hurt in this accident. As a Massachusetts DUI defense attorney, I believe the penalties for drunk driving in Massachusetts are severe, but they get much more severe when the charge is increased to OUI with serious bodily injury. (A serious bodily injury creates a substantial risk of death, leaves the victim permanent disabled or robs the victim of a bodily function for a substantial period of time.) On a first offense, people charged with intoxicated driving may be sentenced to imprisonment for up to 2 1/2 years, but with the help of an experienced Massachusetts OUI defense lawyer, most offenders have a good chance of getting probation instead through alternative disposition. By contrast, 2 1/2 years in prison, six months of which must be served, is the minimum penalty for a conviction for drunk driving with serious bodily injury. And in cases like this one, in which children are victims, juries are generally not kind to defendants.

However, because the injuries in this case were only minor, the Holbrook man may have strong defenses available. The article does not specify whether the man’s blood-alcohol content was tested. If it was not tested, the charge may be based solely on the officer’s statement that the man had alcohol on his breath. As I have written here in the past, that statement is in nearly every DUI-related police report in the state. A good Massachusetts drunk driving defense attorney should point that out to a jury and explain that a smell of alcohol does not, by itself, meet the standards for an operating under the influence charge in our state — a blood-alcohol content of 0.08%.

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A Holbrook man was arrested last weekend on his second charge of driving under the influence of alcohol. Shortly after midnight on Aug. 29, another driver called the police in Braintree, Massachusetts to report that a Pontiac Grand Am was driving erratically. A police officer responded and pulled over a 25-year-old Holbook man after watching him drive. According to a police spokesman, the man showed signs of intoxication after he was stopped, and did poorly on sobriety tests at the scene. He was arrested for operating under the influence of liquor as well as unlicensed operation of a motor vehicle, because his license was valid only between the hours of 7 a.m. and 7 p.m.

Read Article:
Man charged with drunk driving in Braintree

Even if the article had not said this was the defendant’s second OUI charge, my experience as a Massachusetts drunk driving defense lawyer would have made me suspect it. The man’s license restricted his driving privileges to just 12 hours a day, suggesting that he was driving with a “hardship license.” The RMV grants these licenses to people who have had their drivers’ licenses suspended because of an OUI. Unfortunately for this defendant, if he is found (or pleads) guilty of intoxicated driving in this new case, obtaining a new hardship license will not be easy. On a second offense, the RMV will not consider a granting hardship license until the license has been suspended for an entire year. When it does consider the driver’s case, the agency requires a $700 fee just for the hearing, along with proof that the driver has complied with the OUI penalties.

Depending on the circumstances, this man may be able to mount a strong defense to this new OUI charge. As a Boston OUI defense attorney, I know how important that is. A second drunk driving charge is still a misdemeanor in Massachusetts, but the penalties go up dramatically from a first offense. The law calls for at least thirty days and up to 2 1/2 years in jail for a second offense, plus fines of up to $10,000. Alternatively, second offenders may be given two years of probation and two weeks in an inpatient alcohol treatment program at their own expense. These are in addition to a two-year license suspension, steep court fees, an ignition interlock device and skyrocketing auto insurance rates. These penalties are so severe that if you face them, it’s always worth talking to a Boston DUI defense attorney about mounting a strong defense.

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Last week, a fifty year woman from Boxford, Massachusetts was arrested for Drunk Driving. Apparently police responded to several cell phone calls complaining of a driver operating erratically. The suspect drove down a driveway and was boxed in by a couple of cars the drivers of which witnessed her manner of operation. When the police arrived the woman supposedly drove her car at one of the officers. She was then given Field Sobriety Tests during which she kicked a police officer. Another officer was bitten by the woman during the booking process and a third was kicked. She now faces charges of OUI, Assault and Battery on a Police Officer, Resisting Arrest and Disorderly Person. The case is being prosecuted in the Haverhill District Court.

Read Article:

Fifty Year Old Massachusetts Woman Charged With DUI Bites And Assaults Police Officers

Here are what I see as major problems with this case from the perspective of a Massachusetts OUI Defense Lawyer. First, there are several civilian witnesses who witnessed the defendant’s manner of operation. Second, two of these witnesses were concerned enough to make sure that the woman could not escape apprehension. Third, her demeanor towards the police suggests a state of mind consistent with intoxication. I would also imagine that the police reported that she had a strong odor of alcohol on her breath, was unsteady on her feet, had bloodshot and glassy eyes and slurred her speech. My bet is that this case does not go to trial and that the woman offers a change of plea and enters an alcohol education program. Without a strong objection from the police officers and in the absence of a criminal history perhaps a continuance without a finding will enter subject to the 24D Program.

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Around three o’clock yesterday afternoon Massachusetts State Police received several calls from drivers stating that a woman was driving erratically and had a child in her car. A state trooper heard the dispatch and observed a vehicle being operated by Cindy Abkarian weaving back and forth between lanes. The car was pulled over and the trooper observed the defendant’s daughter sitting in the passenger seat unbuckled. Abkarian admitted to having used methadone and Klonopin prior to operating her vehicle. Abkarian failed the Field Sobriety Tests and admitted to having a substance abuse problem. She was arrested and charged with OUI Drugs, Possession of Class C, Child Endangerment and related Motor Vehicle Crimes in the Salem District Court.

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Massachusetts Charges Woman WithTaking Pills And Driving With Her Two Year Old Child Unrestrained

My experience tells me that this case is not going to trial. Several factors suggest that the defendant in this case will plead guilty. Independent cell phone callers witnessing Abkarian’s erratic operation, the trooper making a similar observation, her admission to using drugs when driving, the presence of drugs in plain view when she was stopped, the failed field sobriety tests and the unbuckled toddler all suggest that Abkarian should plead guilty. With a good lawyer she will likely get probation and perhaps some enhanced drug abuse treatment.

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Last week Nancy Toledo of Braintree, Massachusetts was stopped for having a defective taillight. Once stopped the police officer observed signs consistent with alcohol and drug use. Toledo was asked to perform some Field Sobriety Tests. According to reports Toledo took the tests and failed. She was transported to the police station where she was given the Breathalyzer Test. She failed this too. She was charged with OUI Drugs and Alcohol. Toledo was also charged with Resisting Arrest. After the defendant’s car was searched more charges were added; Possession of Drugs and Drinking from an Open Container. The case will be prosecuted in the Quincy District Court.

Read Article:

Massachusetts Woman Fails Breathalyzer Test, Field Sobriety Tests And Gets Charged With DUI Drugs, Alcohol

Assuming the taillight was in fact defective and stop was constitutionally permissible Toledo’s best option might be to admit to sufficient facts and enter the “24D” program. There she will be placed on probation for one year. She will have to enter and complete an alcohol awareness program, pay some fines and lose her license for forty five days. She will be eligible for a hardship license assuming she meets the criteria set out by the Registry of Motor Vehicles. She may also have to undergo some drug counseling if the judge believes she might have a substance abuse problem. Successfully trying this case will be a challenge due to the presence of drugs, the failed field sobriety tests and the failed breathalyzer test.

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Emilio Bicalho was arrested Saturday after hitting a pedestrian with his motor vehicle in a crosswalk. The forty six year old Framingham, Massachusetts man admitted to the police that he had consumed two beers earlier that day. Eyewitnesses stated that the impact of the collision caused the victim to fall on the hood of the van and then hit the ground. Police stated that Bicalho smelled like alcohol and had glassy and bloodshot eyes. He was charged with OUI and Driving Without a License. The case is pending in the Framingham District Court.

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Massachusetts Man Hits Pedestrian, Admits To Drinking Two Beers And Gets Charged With DUI

If this article is accurate and detailed the district attorney might have a hard time proving this case. Every police report generated after an OUI arrest states that the suspect smelled like alcohol and had glassy and bloodshot eyes. That this was reported in this case is no surprise. I would be surprised to see a police report pertaining to a DUI case that does not make that statement. Good defense lawyers in Massachusetts are quick to point this out to juries and make sure that the jurors do not use this contention as a determinative factor in their deliberations. The ingestion of two beers is never enough to prove impairment. Two beers consumed without being metabolized at all yield a blood alcohol content of .04 or one half the legal limit. There were no field sobriety tests given and there was no breathalyzer test taken. This does not add up to a conviction for OUI in Massachusetts.

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