Boston Drunk Driving Accident Lawyer Blog
There is no question driving a car while intoxicated can lead to a serious accident. There is also no question distracted driving, such as a reading or sending text messages, can also lead to a major car accident. According to a recent news article from the Braintree Patch, police arrested a man who was allegedly texting while driving drunk.
Authorities say they saw defendant driving his vehicle toward Holbrook just after midnight. He was allegedly driving in excess of 30 mph over the posted speed limit before stopping at a red traffic signal. His vehicle did not move for about 30 seconds after the traffic light changed to green. When police pulled defendant over, they reportedly observed driver to have glassy and bloodshot eyes. He was pulled over because, as police say, he almost swerved into a large snowbank.
Defendant supposedly admitted to officers he was texting on his phone and was on his way home from work. He allegedly also told arresting officers he consumed two alcoholic beverages before getting behind the wheel.
Police administered a series of field sobriety tests and concluded he had failed and was intoxicated. He refused to submit to chemical testing (blowing into a breath testing instrument), so police issued defendant a suspension of license. Defendant has been released from a holding cell on his personal recognizance and has a May court date.
As our Boston drunk driving accident lawyers can explain, intoxicated drivers will often exhibit specific clues as to their state of intoxication. Police officers trained to make drunk driving arrests learn these clues of impairment and can recognize them while out on patrol. This list of clues was compiled by the National Highway Traffic Safety Administration (NHTSA) and take into account the manner in which ethanol (drinking alcohol) affects one’s ability to safely drive a car.
Sitting at a traffic light after it has changed to green is one of the major clues a motorist is impaired. This clue shows a lack of attention, concentration, and a slowed or delayed reaction time. If a driver takes 30 seconds or more to realize a traffic light has turned green and step on the gas, how can he or she be prepared to stop in time for a pedestrian at a crosswalk or another car stopped at a light?
This type of behavior is not only dangerous, it is also negligent and can be used to prove one of the required elements in a drunk driving car accident lawsuit. In the Commonwealth of Massachusetts, there are four elements of negligence. The first element is defendant owed plaintiff a duty of care to act as a reasonable and prudent person to avoid causing an accident. This duty is imposed by statute, thus anyone who drives in the Commonwealth has agreed to owe such a duty of care. The second element is a breach of one’s duty of care. The third element is causation, which is further broken up into actual and proximate causation. The final element is damages.
If you have been injured in a Boston drunk driving accident, call for a free and confidential appointment at (617) 777-7777.
Additional Resources:
Braintree Police Say Man was Texting While Drunk Driving, March 4, 2015, Braintree Patch
More Blog Entries:
Massachusetts Man Arrested for 11th Drunk Driving Offense, August 12, 2014, Boston Drunk Driving Accident Lawyers Blog