Aggressive Defense of All DUI Matters
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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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Twenty six year old Gilberto Vega was arraigned yesterday in the Lawrence District Court. The charges are manslaughter, leaving the scene of an accident with personal injury, motor vehicle homicide and OUI. The Lawrence Eagle Tribune reports that Vega and his girlfriend had an argument after which she, Betzaida Laureano asked him to leave. When he left Vega drove his car at Laureano who was standing on the sidewalk with her children. Vega drove on the sidewalk towards Laureano and ended up hitting her daughter Evelize Curet. Curet was taken to Lawrence General Hospital where she was pronounced dead.

DUI And Manslaughter Charges For Massachusetts Man Who Killed Girlfriend’s Daughter

There is no doubt that this case will be presented to a grand jury and indicted. Vega will have to defend against these charges in the Essex County Superior Court in Salem, Massachusetts. The OUI charges are the least of his worries. Vega’s biggest problems are the manslaughter and motor vehicle homicide OUI charges. Manslaughter in Massachusetts carries a maximum twenty year state prison sentence. Motor vehicle homicide in Massachusetts carries a fifteen year maximum if the felony version of this offense is charged. Given the tragic nature of this case it would not surprise me to see the district attorney look for at least a fifteen year sentence if Vega gets convicted.

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David Macklin has played for nine years in the National Football League, most recently for the Kansas City Chiefs. Earlier today Macklin was convicted of DUI in a Virginia Court. Macklin was pulled over on March 13, 2009 for windows that were tinted too dark. The investigating officer smelled a strong odor of alcohol on Macklin’s breath. Macklin then supposedly failed some field sobriety tests. He blew a .11 on the breathalyzer, .03 over the .08 legal limit. Like Massachusetts, a conviction for a first offense DUI in Virginia is a misdemeanor.

DUI Conviction For NFL Player

This case has an interesting issue. Macklin was pulled over for having windows with a tint darker than permissible by law – – or at least the police officer thought. However, the judge acquitted Macklin of the window tint charge. According to the article this was the sole reason for the initial stop. Thus, it appears that the officer might not have had probable cause to stop the car. As a result, there might have been a viable motion to suppress the stop of the car. Typically, when a stop is declared unconstitutional all fruits fo the stop become inadmissible at trial. In this case, the fruits are the field sobriety test and breathalyzer test results.

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On April 9, 2009 Matthew Markham was driving on High Street with his friend Sean Whalen and Erik Joudrey. While engaged in a conversation with one of his passengers Markham missed a turn in the road and hit two trees. Whalen was taken by ambulance to a local hospital where he died shortly after his arrival. Markham and Joudrey were also treated for injuries. Police reports indicate that all three were drinking earlier in the evening and that speed was a factor in the crash. This past Friday Markham was arrested on charges of motor vehicle homicide while OUI and OUI with serious bodily injury. Right now charges are pending in the Milford District Court.

21 Year Old Massachusetts Man Charged With Motor Vehicle Homicide

Massachusetts General Laws Chapter 90 Section 24G establishes the crime of motor vehicle homicide in Massachusetts. This law allows the district attorney to charge this crime as a misdemeanor or a felony depending on the facts of the case. The felony version of this law permits a sentence of up to fifteen years in state prison and has a one year mandatory minimum sentence. The misdemeanor version of this crime has a maximum two and one half year house of correction sentence and a thirty day minimum. The district court has jurisdiction over both felony and misdemeanor motor vehicle homicide cases however no one can be sentenced for more than two and one half years if this case is prosecuted in the district court.

The article does not clarify under which section Markham has been charged. You always hope that the prosecution is fair in the manner in which it charges crimes in Massachusetts. There is a fine line between felony motor vehicle homicide OUI and misdemeanor motor vehicle homicide OUI. If the felony is charged good lawyers can often convince judges or a jury that the defendant is not guilty of this crime but rather a lesser crime, the misdemeanor. If successful the judge then has more flexibility in his or her choice of sentence.

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Last week Robert Fulton, a Rockland, Massachusetts resident was followed by a driver who saw him cross over the center line several times. The driver called 911 on his cell phone and followed the car until an officer located the vehicle and pulled it over. Fulton was arrested and charged with OUI. According to reports this is his fourth offense. Fulton was arraigned in the Plymouth District Court where the case will be prosecuted. His prior drunk driving convictions were in 1997, 1992 adn 1984. There is no indication as to whether or not field sobriety tests were taken nor was there any mention of a breathalyzer.

Fourth Offense OUI Charges For Massachusetts Man Pending In Plymouth Court

Here is what Massachusetts law says about fourth offense drunk driving convictions. First, there is a potential for five years in state prison. Second, fourth offense DUI’s are felonies in Massachusetts. Third, there is a mandatory minimum one year house of correction. Fourth, there is also a ten year loss of license. Fifth you can petition for a hardship license after five years. Sixth, there are statutory fines and fees that you must pay if you are convicted of this crime.

These days people routinely use their cell phones to call in suspicious activity. A large number of Massachusetts OUI prosecutions were initiated as a result of people calling the police with their observations of erratic driving. Sometimes people call in to report that they actually saw someone drinking while driving.

Many people wrongly believe that old or stale drunk driving convictions in Massachusetts cannot be used as priors. That belief is patently incorrect. Massachusetts has a “lifetime look back” provision in its OUI laws. This means that no matter how old one of your prior convictions is it will be counted if you are again charged with drunk driving.

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Now here is a really interesting case that just started in the Newburyport District Court. The defendant is a driver’s education teacher. His name is Daniel Winsky. He is fifty three years old and lives in Salem, Massachusetts. The district attorney’s office has charged him with OUI stemming from an incident on December 26, 2007. According to reports, Winsky was giving a driving lesson to a couple of teenagers in Ipswich, Massachusetts. Winsky was in the passenger seat. He had a set of controls but the vehicle was, according to the defense being operated by the student. Winsky also stands firm that he was not drunk. Interestingly enough, Winsky was not arrested until two months after the incident.

The trial started yesterday. Four civilian witnesses testified, two on the issue of operation and all four on the issue of impairment. As to both issues, the testimony is in great conflict.

Massachusetts Driver’s Education Teacher On Trial For DUI
First Of Its Kind Drunk Driving Trial Starts In Newburyport

In Massachusetts the element of “operation”, like all other elements in an OUI case must be proved by the prosecutor beyond a reasonable doubt. An old Supreme Judicial Court case, Commonwealth v. Uski, 263 Mass. 22 (1928) held that operation consists of any act that relates to the electrical or mechanical functioning of the vehicle that alone or in connection with other acts will put a vehicle into motion. Having keys in the ignition satisfies this element in Massachusetts. Never however has a court or jury held a passenger responsible for OUI. This case presents an interesting question of fact for the jury. Did Winsky do an act that put the driver’s education car in motion, while he was under the influence of alcohol.

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Ryan Woolley used to play baseball for the Brewster Whitecaps in the Cape Cod League in Brewster, Massachusetts. On June 15, 2008 he was watching the College World Series with some teammates. He had several drinks and decided to leave the home where he was drinking. A teammate who tried to stop him was struck by his vehicle and dragged for several feet. The teammate was seriously injured but luckily has recovered. Woolley blew over a .08 on the breathalyzer test. Woolley pleaded guilty to OUI and other motor vehicle related charges and was given a six month suspended sentence.

Cape Cod League Baseball Player Sentenced For June OUI

The article also disclosed that Woolley was charged with OUI causing serious bodily injury but that that charge was dropped as a result of a plea bargain. Massachusetts General Laws Chapter 90 Section 24L makes it a separate crime for anyone who causes serious bodily injury to someone while operating under the influence. If convicted of this crime there is a maximum penalty of 2 1/2 years in the house of correction. The overall result was good for Woolley. Massachusetts judges and district attorneys are extremely tough on OUI cases that involve property damage or personal injury. Woolley could have gone to jail and was spared that plight due to having a good lawyer and a fair minded judge and prosecutor.

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Malden, Massachusetts resident Bernard Shidlow pleaded guilty to several offenses last week one of which was his fourth OUI charge. The alcohol related charges were operating under the influence, fourth offense, operating a motor vehicle with a license that was suspended for DUI, leaving the scene after an accident with property damage and negligent operation of a motor vehicle. He was sentenced to three years in state prison for the fourth offense drunk driving and to one year in state prison to be served from and after on the operating on a suspended license for drunk driving.

It was reported that Shidlow was driving 70 mph in a 50 mph zone. A state trooper pursued Shidlow after which the defendant got into an accident with another car. He then tried to avoid apprehension but was caught after driving to the end of a one way street. Police discovered that his license had been suspended for another DUI.

Fourth Offense DUI Results In Four Year Sentence For Massachusetts Man

This case was prosecuted in the Essex County Superior Court. While not all fourth offense DUI cases are indicted it is easy to see why the district attorney made the decision in this case. The prosecution undoubtedly believed that Shidlow needed to spend time in state prison. The crime of OUI with a license suspended for another OUI is a part of Melanie’s Law. This crime carries a one year mandatory jail sentence. The fourth offense OUI carries another mandatory one year jail sentence. Apparently the judge in this case believed that a one or two year house of correction sentence was warranted. You can bet that the accident and the defendant’s flight from the scene impacted this decision.

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Sandra Akers is the CEO of the Tewksbury Hospital. Last Friday she went to trial on an operating under the influence of alcohol case and lost. The two day trial was in the Peabody District Court before a jury that deliberated for two hours. The penalty; first offender disposition and a ninety day loss of license.

According to reports, Akers testified that she met up with friends around 10:30 p.m. on the day of the incident and had one drink at a bar in Gloucester. She and a friend left the bar to go back to her house in Rockport to have some pizza. When she got to her driveway the lights of a cruiser went on. Apparently a cab driver had reported his observation of erratic driving of Akers vehicle. Akers was put through some field sobriety tests and then arrested. Back at the police station she blew a .13 on the breathalyzer. Through an expert witness Akers defense attorney challenged the accuracy of the test. The value of the police officer’s observations was also challenged by the defense. It was argued that Akers had certain medical conditions that could adversely impact the accuracy of the field sobriety tests and the breathalyzer test.

Read Article: Tewksbury Massachusetts Woman Convicted Of DUI

Lowell Sun: Guilty Verdict On OUI Charges For Hospital CEO

Challenging the accuracy of breathalyzer tests is something that should be done more often by defendants fighting OUI charges. You have to keep in mind that a breathalyzer is just a machine and like all machines it is fallible. There are experts who understand how these machines work and just what is necessary to determine their accuracy. Unfortunately not many defendants want to absorb the cost of engaging an expert to assist in their defense. In that case it makes it much more difficult to defend cases where breathalyzer test results will be admitted as evidence at trial.

Akers took her shot and lost however the consequence of doing so was minimal. She had a great lawyer who no doubt did a fantastic job defending her. She will lose her license for forty five days more than had she pleaded guilty and been given the 24D disposition. That is the only consequence for taking this case to trial. It is also likely that she will be given a hardship license so the intrusion on her life will be tempered somewhat. This was a risk worth taking.

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Jason O’Reilly got into an accident just a few days ago. He rear ended an pickup truck with his vehicle in Framingham, Massachusetts and nearly forced it off the road. The police then arrived and spoke with Mr. O’Reilly. He was staggering and slurring his speech. Then he made perhaps his most critical mistake of the night. He talked to the police. In response to their questioning he said: “I had not drunk at all…I had two beers, what’s the big deal…Forget I said that. I had nothing to drink all night. To compound matters police located a partially consumed bottle of Smirnoff Ice in O’Reilly’s vehicle. Not surprisingly he was arrested. The charges: OUI, underage possession of alcohol and operating with an open container. Topping things off, O’Reilly is twenty years old. Charges are pending in the Framingham District Court.

20 Year Old Framingham Man Charged With DUI

This article suggests that the defendant refused the breathalyzer. In Massachusetts a breathalyzer refusal results in a 180 day loss of license. If you are acquitted or the case against you is dismissed you can apply for an immediate reinstatement of your operating privileges. If you are between the ages of 18 and 21 a refusal can result in a three and one half year loss of license. O’Reilly is only twenty years old. This can be a devastating consequence for anyone, particularly someone who needs a car to get to work or school.

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