Aggressive Defense of All DUI Matters
Published on:

By

Last Saturday night Beverly, Massachusetts police pulled over twenty seven cars through the authority of a sobriety checkpoint. Ultimately twelve people were arrested and charged with OUI. The roadblock operated from eleven Saturday night to three in the morning. All have been charged with OUI. Their cases are pending in the Salem District Court.

Read Article:

Twelve Charged After Massachusetts Sobriety Checkpoint Stops

So what exactly is a sobriety checkpoint? Sobriety checkpoints are temporary roadblocks designed and used by law enforcement to catch people who are operating under the influence of alcohol. Officers stop a specific number of vehicles at these checkpoints to see if drivers are impaired. There are certain constitutional restrictions on the use and implementation of sobriety checkpoints. If these regulations are violated or altered the result could be a dismissal of your OUI case. The United States Supreme Court has held that sobriety checkpoints do not violate the Fourth Amendment because of the public interest in keeping drunk drivers off the roads. Massachusetts Courts agree with this general proposition. In Massachusetts the Secretary of Public Safety promulgates guidelines that dictate how the checkpoints must be conducted. Assuming these meet with constitutional muster the police must adhere to the guidelines when engaging in a sobriety checkpoint operation. Many OUI cases in Massachusetts are won by the defense when it is shown that these procedures were not properly applied.

Continue reading →

Published on:

By

Last week Stacie Desper, an Attleboro, Massachusetts resident supposedly drove her car into another lane of travel and struck a tree head on. This happened at 11:45 in the morning. Along for the ride were her children, ages three and ten months. Luckily, everyone was okay. Police responded to the scene. Desper assented to taking a breathalyzer test. She blew a .26, over three times the legal limit in Massachusetts. She has been charged with OUI and OUI Child Endangerment in the Attleboro District Court. Bail was set at two thousand five hundred dollars.

Read Article:

Child Endangerment, DUI Charges For Massachusetts Mother

Apparently this is a first offense DUI for Desper. As such, even though the Child Endangerment OUI statute is implicated it is unlikely that Desper will have to serve a jail sentence. Massachusetts General Laws Chapter 90 Section 24V makes operating with a blood alcohol level of .08 or higher with a child ages fourteen or younger in the car a misdemeanor punishable by up to two and one half years jail for first time offenders. If convicted of a second offense the punishment is a minimum mandatory six months in the house of correction. Second offenses are also felonies.

Continue reading →

Published on:

By

Just the other night Andrew Caron was with his friend Carl Fuller. Fuller was driving his father’s car. Apparently Fuller had loaned Caron the keys this past Saturday night. Supposedly Caron was sober at the time. Caron returned with a couple of girls, picked up Fuller and continued to drive the car. Fuller became concerned about Caron’s state of sobriety and tried to get him to pull over. Caron pulled the car over at which time he and Fuller struggled over the keys. A Salem, Massachusetts police officer witnessed the event and investigated. He asked Caron if he had been drinking. Caron told the officer that he had not been drinking. Fuller told the cop otherwise. Caron and Fuller continued their struggle and Caron was arrested. He now stands charged with OUI in the Salem District Court. A district court set bail at one thousand dollars cash.

Drunk Driving Charges For Salem Massachusetts Man

There are a few things defense lawyers would like to know about this case. For instance, did Caron take any field sobriety tests? Did he take a breathalzyer test? How was he operating at the time of the stop and who if anybody witnessed the driving? What did Caron do from the time he went to pick up the girls until he got back to pick up Fuller? How much time laspsed? All of these questions needs to be answered before anyone can effectively evaluate Caron’s case. The job of criminal defense lawyers is to do just that. Evaluate the strengths and weaknesses of a defendant’s case and recommend how to best defend or resolve the case.

Continue reading →

Published on:

By

On March 29, 2009 at 2:20 a.m. Stephen Lucas was found passed out behind the wheel of his minivan. His nine year old son was asleep in the seat beside him. When the police awakened him Lucas told them “he was just having some fun with his kid”. A half empty whiskey bottle was found inside the car also. Lucas was charged with OUI Child Endangerment, Driving to Endanger and OUI Second Offense. He pleaded guilty and received a two year suspended jail sentence on the child endangerment and driving to endanger. The second offense DUI was continued without a finding. The first offense OUI was twenty four years old.

Read Article:

No Jail Time For Massachusetts Man Convicted of Child Endangerment, Second Offense OUI

The penalties for second offense OUI in Massachusetts are sixty days in jail, thirty of which are mandatory. There are fines, court costs and a loss of license associated with a conviction for this crime also. The sentence imposed cannot be under the minimum mandatory thus tying a judge’s hands in the event he or she does not feel that a jail sentence is appropriate. There is an exception to this rule that the judge in this case embraced. If the first conviction is ten years old or older the second offense can be treated as a first offense and the case can be continued without a finding along with the imposition of the alternative “24D” disposition. Child endangerment requires the imposition of a ninety day house of correction sentence. Even though the sentence can be suspended the person will have a misdemeanor record if convicted of this crime.

Continue reading →

Published on:

By

Jose Correia was charged with OUI in the Stoughton District Court after he struck another vehicle and left the scene. He was arrested shortly thereafter and charged with OUI, leaving the scene of an accident, possession of cocaine, driving to endanger and driving without a license. The accident occurred shortly after 7:00 p.m. on Sunday night. Correia is thirty five years old and from Norwood, Massachusetts.

Read Article:

OUI And Related Motor Vehicle Charges For Norwood Massachusetts Man

The OUI charge, if it is Correia’s first, would not be nearly as serious had he remained at the scene of the accident, made his identity known and waited for the police to arrive. The fact that he fled inflates the gravity of the situation and can in many instances be the catalyst for a higher sentence if Correia is convicted. Massachusetts General Laws Chapter 90 Section 24 states that anyone who leaves the scene of an accident shall be punished for not less than two weeks nor more than two years in the house of correction. The minimum sentence is not mandatory however where there are additional charges as in this case such as OUI and drug possession sentences tend to be higher than the typical “24D” program. I would be interested to know how Correia was apprehended, whether or not he took field sobriety tests or a breathalyzer test and who if anyone witnessed Correia driving.

Continue reading →

Published on:

By

Jesse Marquardt was competing in a triathlon this past Sunday in Marlborough, Massachusetts. At around 9:00 a.m. during the running leg of the event he was struck by a car driven by Richard Dwyer, a 62 year old Marlborough man. According to witness accounts, Dwyer’s car swerved into Marquardt causing him to flip over the vehicle and hit the pavement. Dwyer continued to drive and was apprehended by police about one mile away. Marquardt was taken to a local hospital where he was treated for sever injuries and ultimately released. Dwyer was charged with OUI drugs, negligent operation of a motor vehicle, leaving the scene of an accident and OUI with serious bodily injury. The case is pending in the Marlborough District Court.

Read Article:

Massachusetts Man Charged With DUI Drugs After Hitting Triathlete

Here is the interesting part of this case. Dwyer has been charged with OUI Drugs even though “the type of drugs is yet to be determined”. What exactly does this mean? If he did not submit to a blood test there is no way to ascertain with any degree of legal certainty that he was under the influence of drugs. Rather it appears that this is pure speculation on the part of law enforcement. If he did submit to a blood test then a toxicology screen will determine if in fact drugs were in his system. This still does not mean that he was under the influence of those substances. In situations like this it is advisable to engage a toxicologist to assist in the preparation of the defense. A good toxicologist will be able to explain to a jury how these substances affect certain individuals and how the symptoms of intoxication manifest themselves. They will also be able to tell a jury how long certain substances remain in the system and whether the substance was causing impairment at the time of operation.

Dwyer’s bigger problem seems to be the crime of leaving the scene. Leaving the scene of an accident with personal injury in Massachusetts is punishable by a sentence of between six months and two years. These charges are taking quite seriously in Massachusetts. The law requires a driver to stop in situations such as this and a failure to do so will almost always result in a prosecution.

Continue reading →

Published on:

By

Jane Doe must have had a great lawyer. She is also very lucky. The forty two year old Massachusetts mother was given probation after pleading to a second offense DUI, reckless operation of a motor vehicle and child endangerment. The sentence was imposed in the Gloucester District Court. The punishment: a two year loss of license, a ninety day suspended sentence, two years probation, court costs and completion of the alcohol education program. The district attorney alleged that Featherstone was spotted driving with one blown tire that was down to its rim. When the officer stopped her she was given several field sobriety tests. She failed. Featherstone’s two sons were in the car at the time of the incident.

Read Article:

Probation For Woman Convicted Of DUI Second

The law in Massachusetts regarding second offense OUI cases mandates that anyone convicted of the second offense be fined at least six hundred dollars and up to ten thousand dollars. There is also a mandatory house of correction sentence of sixty days, at least thirty of which must be served. There is an exception to this which most likely explains why Ms. Featherstone is not in a jail right now. Massachusetts General Laws Chapter 90 Section 24D states that if the first offense OUI conviction is ten years old or older the “24D” disposition can be imposed by a judge. It looks like the judge in this case availed himself of portions of this provision thereby allowing the defendant to avoid jail time. Other aspects of the sentence were more harsh than “24D” requires. Specifically, the two year loss of license. The ninety day suspended is required under the child endangerment law.

Continue reading →

Published on:

By

Saturday night was supposed to be a night that would provide a lifetime of enjoyable memories and stories for the teenagers going to the Saugus, Massachusetts senior prom. Jonathan Caruso was one of the students attending. He apparently went to the prom and with other students was bused to a Boston Harbor cruise, a tradition at Saugus High School. Students were checked for alcohol and given breath tests before the prom and the cruise. They were bused back to the high school where they returned at 4:00 a.m. Caruso then left with two other students. However, at 7:30 a.m. tragedy struck when the car Caruso was driving swerved onto a sidewalk near Essex Street and Grove Street, hit a street sign, telephone pole and bush and struck and killed Carol Marean and severely injured her daughter. Now, Jonathan Caruso stands charged with motor vehicle homicide, OUI and a minor transporting alcohol. The case is currently pending in the Lynn District Court.

Related Articles:

Massachusetts Teenager Facing DUI Homicide Charges

Prom Night Disaster For Massachusetts Man Results In Motor Vehicle Homicide OUI Charges

Motor Vehicle Homicide in Massachusetts can be charged as either a felony or a misdemeanor. The felony version of this crime carries a fifteen year maximum state prison sentence. The misdemeanor motor vehicle homicide aspect of the statute makes the maximum sentence two and one half years in the house of correction. It is not yet clear how the district attorney in this case has charged Jonathan Caruso. One thing that you can be sure of however is that the prosecution will be looking for him to serve some sort of sentence involving incarceration if he is convicted of this crime. That request is routine in Massachusetts where someone is killed as a result of a drunk driver. The critical issues in this case will likely be the amount of alcohol consumed by Caruso, the hours during which it was consumed and the manner in which he was operating at the time of the crash.

Continue reading →

Published on:

By

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.

Continue reading →

Published on:

By

At 3:30 in the afternoon a witness saw Linda Bevelander drive her car up onto a curb. Police appeared and observed Bevelander drive through a stop sign. When they tried to stop her she kept on driving. Ultimately she was apprehended in a parking lot in Falmouth Heights. Bevelander gave a false name to the officer who stopped her. She has been charged with 3rd offense DUI, failing to stop for a police officer, using a motor vehicle without authority, driving on a suspended license and running a stop sign. The case is pending in the Falmouth District Court.

Massachusetts Woman Charged With 3rd Offense DUI

Third offense OUI cases in Massachusetts are punishable by one hundred days in the house of correction. There is a minimum mandatory one hundred fifty day sentence that must be served. Third offense drunk driving cases are felonies in Massachusetts. There is a potential five year state prison sentence that can be imposed. Usually third offenses are prosecuted in the District Courts where the maximum sentence is two and one half years. If convicted of a third offense there is a eight year loss of license. You can apply for a hardship license after four years.

In this case it appears that there was no breathalyzer test or field sobriety tests. If that is accurate defending this case becomes much easier. The simplest way for prosecutors to prove people guilty of OUI is through a breathalyzer test or failed field sobriety tests. It is when suspects do not take these tests that the task of the district attorney becomes more difficult. In Massachusetts the refusal to take a breathalyzer test or field sobriety tests cannot be used as evidence against you at trial.

Continue reading →

Contact Information
Boston Office
10 Tremont St #602
Boston, MA 02108
(617) 263-6800 (888) 266-1781
North Andover Office
200 Sutton St #231
North Andover, MA 01845

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2024, Stephen Neyman, P.C.
JUSTIA Law Firm Blog Design