Articles Posted in Boston Drunk Driving Accidents

A recent car accident in Stoneham, killed an innocent woman and ended up causing a second accident. Just seconds later at the scene of the first accident, an alleged drunk driver slammed into and demolished a responding officer’s vehicle, according to the Boston Globe.

These kinds of accidents, and the frequency with which were seeing them, is a big sign of what we can continue to expect through the spring travel season.
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The first accident happened when a woman slammed her vehicle into a truck that was stopped in the breakdown lane of I-93. A police officer and a tow truck responded. Not much later, the drunk driver slammed into the police cruiser. According to David Procopio, State Police spokesman, the tow truck and the police vehicle had their emergency lights on at the time of the second collision.

Our Massachusetts drunk driving car accident attorneys understand that the woman involved in the first accident was pronounced dead at the scene. It was right after her fatal accident that the drunk driver slammed into the entire mess only making it worse. The passenger of the woman’s vehicle was transported to Massachusetts General Hospital and was treated for serious injuries.

After the accident, law enforcement officers were forced to shut down the right two lanes of I-93 to clean up the mess. According to the spokesman, the officer’s vehicle and the tow truck were parked in a separate area that was marked off with warning cones and an addition arrow board. The intoxicated drivers failed to acknowledge those cones, plowed right through them and right into the officer’s vehicle and the tow truck. The driver was arrested and was charged with drunk driving.

Luckily, the trooper and the operator of the tow truck were not in the vehicles when they were struck.

The intoxicated motorist was arrested and was transported to the State Police barracks in Medford. The passenger of the man’s vehicle was transported to a local hospital in Burlongton and treated for minor injuries.

After being arrested, the drunk driver complained of chest pains. Officials took him to the Massachusetts General Hospital. Once released from the hospital, he will be arraigned at the Woburn District Court.

During the spring travel season we can expect roadways to be busy. We can also expect more intoxicated drivers during this time. Students are celebrating time away from school, others are enjoying some exiting spring vacations, and residents are getting out and enjoying the pleasant weather. With the increase in traffic, we can expect an increase in the risks for accidents. Be careful out there. Stay sober behind the wheel and keep an eye out for dangerous drivers. Always practice defensive driving habits to help keep yourself out of harm’s way.
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Getting back behind the wheel after being arrested and charged for drunk driving in Massachusetts and elsewhere may by a little too easy nowadays.

These sentences just don’t seem to be holding up in court. Offenders are being let off with little to no punishments and it’s endangering motorists nationwide. Remember when President Obama’s uncle was busted for drunk driving right here in Massachusetts? Well, he’s already driving again, according to Mail Online.
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The President’s uncle, 67-year-old Onyango Obama, was recently approved to get his ‘hardship’ driver’s license. A hardship license will allow him to drive throughout the state of Massachusetts from 12:00 p.m. to midnight.

Our Boston personal injury lawyers understand that the President’s drunk driving uncle was able to somehow convinced the Registry of Motor Vehicles panel that without a valid driver’s license, he wouldn’t be able to maintain his position as the store manager at his local liquor store. After the persuasive discussion, the drunk driver is back on the road again. He’s also reportedly an illegal immigrant. Even with all of this information, his request was still approved.

“He met all of the criteria,” said a spokeswoman for the state’s Registry of Motor Vehicles, Sara Lavoie.

So that’s it. He only had to surrender his driver’s license for 45 days. Two of the other convictions were dismissed. To make it even worse, the drunk driving charge will be thrown out if he stays out of trouble for a year.

If you remember, President Obama’s uncle was taken into arrest in Framingham back in August after officers busted him for rolling a stop sign which in turn caused a police car to crash into an SUV.

Officers say that the driver’s speech was slurred, his eyes were bloodshot and the smell of alcohol overpowered the vehicle. When officers administered a field sobriety test at the scene, he returned a reading that was twice the legal limit.

Reports from the incident indicate that the President’s uncle pleaded not guilty to the charges and said that he would be contacting the White House.

None is this is all that surprising considering the state of Massachusetts has a 90 percent acquittal rate for these kinds of cases. For safer roadways, the next step we need to take is stricter punishments for offenders.
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As students across the state round out the school year, they’ve got plenty of things to look forward to. Some students are finishing their spring breaks, and right after that they get to look forward to prom and summer break. This is also a time when teenagers across the state will be hitting our roadways in search of some fun.

Unfortunately, for many of these young drivers that fun includes alcohol and getting behind the wheel of a motor vehicle. This time of the year is typically when we see a significant increase in the number of alcohol-related car accidents in Boston and elsewhere among teenage drivers.
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As a matter of fact, we’re already seeing the trend in the area. In Reading, a teenage driver was pulled over and arrested for drunk driving on Lowell Street just this past weekend, according to the Reading-North Reading Patch.

Our Massachusetts personal injury lawyers understand that teenagers may not be old enough to purchase alcohol from the store, but that doesn’t mean they can’t get their hands on it and that they’re not going to drink it. As a matter of fact, alcohol is associated with some of the top causes of teenage deaths: car accidents, suicides, homicides and accidental deaths.

Parents and teachers are urged to head off this problem before prom and summer break gets into full swing. Talk with the teens in your life today about the potentially fatal consequences that accompany drinking and driving.

According to the Youth Risk Behavior Survey of 2007, high school students admitted to committing the following within the last month:

-Nearly 50 percent admitted to consuming some amount of alcohol.

-More than 25 percent admitted to binge drinking.

-More than 10 percent said they drank alcohol and then drove.

-Nearly 30 percent admitted to riding with a driver who had been under the influence of alcohol.

According to the National Highway Traffic Safety Administration (NHTSA), teens are at a higher risk for alcohol-related accidents that all other drivers. This is alarming considering they’re not even legally allowed to drink. As a matter of fact, more than 30 percent of drivers between the ages of 15- and 20-years-old who were killed in a car accident in 2006 were under the influence of alcohol at the time of the accident.

Parents and school leaders are asked to talk with teens about the dangers of drinking and driving before we hit our prom and summer season. Ask teen drivers to make the pledge to drive alcohol-free this year. Share the message — drinking isn’t legal and it diffidently isn’t cool. Getting into a fatal accident because of alcohol consumption isn’t cool either, it can be deadly. Let’s make sure all of our teens and students make it through this year safely and soberly.
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According to a recent investigation conducted by The Boston Globe, nearly 90 percent of cases regarding drunk driving accidents in Massachusetts and other related convictions in the state never make it to court. What the investigation concluded is that most drivers facing drunk-driving charges plead out, pay some fines, temporarily lose a license or complete some mandatory alcohol education course. These alternate sentences apparently aren’t doing the job in reducing the risks of alcohol-related accidents as they’re still far too common in our state.
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Of the 10 percent or so of cases that do end up in court, most are heard by a judge instead of a jury. In these cases heard by a judge, another 80 percent of them are thrown out. As a matter of fact, our state has the highest acquittal rate in the country. On a national average, judges throw out about 50 percent of all drunk-driving cases. Not in Massachusetts. We’re seeing a near 90 percent acquittal rate.

Our Massachusetts drunk driving accident lawyers understand that some drunk drivers are walking out of the courtroom free of any and all penalties. How is that supposed to teach a lesson and help to reduce the risks of drunk-driving accidents in the state? What we need is tougher laws, tougher penalties and stricter enforcement for those who are convicted with drunk-driving charges.

In the state of Massachusetts, we have Melanie’s Law that offers tougher penalties for drivers who have more than one drunk-driving charge. Under Melanie’s Law, certain drivers are required to install an ignition interlock device in their vehicle. This device stops them from starting the vehicle if it senses an illegal amount of alcohol in the driver’s system. While many states have this law in effect for first-time offenders, Massachusetts’ law is still only handing them out to repeat offenders. What’s even worse about this lack of punishment is that many of these repeat offenders aren’t even getting the proper sentences and they’re let off without the worry of an ignition interlock. They’re let loose on our roadways with no device to help change their habits.

Current 1st Offense Massachusetts DUI Laws, according to DrivingLaws.org:

-To be charged with drunk driving, a driver under the age of 21 may not return a blood alcohol concentration (BAC) reading of .02 or higher. A driver who is 21 or older may not return a BAC of .08 or higher. A commercial driver isn’t allowed to return a reading of .04 or higher.

-No minimum jail term required, but offenders can serve up to 30 days behind bars.

-A license suspension of 180 days for refusing to take a chemical test.

-Various fees and fines from $500 to $5,000.

-Fine: $250 Assessment.

-Fine: $50 DUI Victim Trust Fund.

-License suspension: 1 Year.

-Court assigned treatment program.

Unfortunately, these laws and sentences are merely like recommendations for judges as they’re not often used to punish drunk driving offenders.
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The U.S. Senate recently passed Moving Ahead for Progress in the 21st Century (MAP-21), a program used to help reduce the risks of drunk-driving car accidents in Roslindale and elsewhere. Included in MAP-21 is the ROADS SAFE Act and $12 million in funds to help researchers in creating, testing and developing in-vehicle technologies to help stop drunk driving. Technology currently in development is the Driver Alcohol Detection System for Safety (DADSS). The device is being worked on by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety. The technology is designed to stop drivers who are intoxicated from getting in the car and turning the key. Mothers Against Drunk Driving (MADD) recently announced its approval and excitement for this passage and asks other lawmakers to hop on board in the journey to safer roadways across the country.
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“MAP-21 represents an historic opportunity to advance highway safety in America,” said MADD National President Jan Withers. “MADD calls on the House to pass similar legislation that could truly eliminate drunk driving.”

Our Massachusetts drunk driving accident attorneys understand that MAP-21 comes with some of the strongest safety provisions we’ve seen yet. These provisions just might be able to help reduce the number of drunk driving-related fatalities that we see every year. Even though the number of these kinds of fatalities has been cut in half since MADD started nearly 30 years ago, our country is still losing far too many motorists in these completely preventable accidents.

One of the most important provisions in MAP-21 is the incentive program that’s offering federal funds to states that take on tougher drunk-driving conviction penalties. Lawmakers are hoping to get every state to launch all-offender interlock programs. This means that all drivers with a drunk-driving conviction would be required to install an ignition interlock device into their vehicle. States that already have this kind of law have seen more than a 50-percent reduction in these fatal alcohol-related accidents, according to the Insurance Institute for Highway Safety (IIHS).

MAP-21 is also encouraging the nation to stay on top of its high-visibility crackdown efforts. A number of studies have illustrated that these kinds of efforts do in fact have an impact on our roadway safety. Higher enforcement equals less dangerous drivers. MAP-21 will be continuing to fund national campaigns like the Drive Sober or Get Pulled Over campaign and the Click It or Ticket campaign.

If you remember the study about the 25 Drunkest Cities in the United States then you remember that Boston took the number one spot in 2011. With these kinds of numbers against us, it’s important for government officials to focus on drunk driving and the dangers it poses in our area. MAP-21 may just be able to provide the resources that we need to focus on this danger.
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Officials with state, county and city law enforcement agencies are sending a message to drivers this St. Patrick’s Day — Officers are out and they’re looking for you, if you’re drinking and driving.

This shouldn’t be that difficult, just stay out from behind the wheel after guzzling down green beer — the Massachusetts Bay Transportation Authority (MBTA) is helping to offer more rides than ever for St. Patrick’s Day celebrators. As we recently discussed on our Boston Drunk Driving Accident Lawyer Blog, the National Highway Traffic Safety Administration (NHTSA) reports that almost half of all car accidents that happen on St. Patrick’s Day involve a drunk driver.

A drunk driver is someone who returns a blood alcohol concentration (BAC) level of .08 or higher. Aside from the drunk driving car accidents, there are countless more alcohol-related accidents, meaning a driver returned a BAC level of anywhere between .01 and .07.
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“The aim is not to kill the party, but to make sure that the party does not kill,” said Newburyport County Attorney Jim Reams.

Officers are also targeting Middlesex County drunk driving car accidents. According to the Middlesex Patch, officers in this county are joining police around the state to conduct a number of sobriety checkpoints during St. Patrick’s Day and well into the day after. Officers warn motorists to expect to be stopped during this enforcement period.

“The purpose is to further educate the motoring public and strengthen the public’s awareness to the need of detecting and removing those motorists who operate under the influence of alcohol and/or drugs from our roadways,” said the Superintendent of the Massachusetts State Police (MSP), Colonel Marian J. McGovern.

The NHTSA is also sending warning messages to drivers across the country, reminding them that getting busted for driving under the influence can be costly. A drunk driving conviction can cost up to $10,000 in court costs, legal fees and increased insurance rates.

Here are Six Tips from the NHTSA to Help You to Prevent Buzzed Driving:

-Post the Administration’s new St. Patrick’s infographic on your blog, website or Facebook page.

-Designate a sober driver before you head out drinking.

-If you’ve been drinking and you’ve found yourself with no designated driver, use public transportation, call a friend or family member, call a taxi or get a hotel room. Just make sure you have a sober ride if you’re going to go anywhere.

-Use your area’s sober ride program. Programs in Massachusetts can be found on the Buzzed Driving is Sober Driving‘s facebook page.

-If you see a driver on our roadways who you think is under the influence of alcohol, contact authorities immediately.

-Keep in mind that even buzzed driving is considered drunk driving. Keep an eye on your friends and family members. Share this message with them and help to keep them off of our roadways if they’ve been drinking.

Checkpoints throughout the state are possible through grant money provided by the Highway Safety Division of the Massachusetts Executive Office of Public Safety and Security. Go out and enjoy the St. Patrick’s Day holiday, but please do so safely!
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After less than a year of being able to consume alcohol legally, a 22-year-old driver is facing charges of drunk driving after a Massachusetts car accident. The Friday night accident happened in Burlington and left the intoxicated driver’s passenger in critical condition at Lahey Hospital. According to the Merrimack Patch, the driver was last reported to be sitting in Essex County Jail waiting for his arraignment. He’s facing charges of operating a vehicle under the influence of alcohol, marked lanes violation, operating under the influence of drugs and negligent operation.
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The accident happened just before midnight when state troopers from Andover and Concord responded to a number of phone calls that reported a crazy driver in Chelmsford along Route 3 North. As troopers searched for the reported vehicle, they spotted the sedan rolled over on its roof on the side of the road.

Our Massachusetts accident lawyers understand that the passenger injured in this accident was a 27-year-old female who was thrown from the car as it flipped. She landed on the roadway and was seriously injured. Reports indicate she suffered severe injuries to her leg and her head. Troop A of the Massachusetts State Police is currently investigating the accident along with the Chelmsford EMS and Fire Department.

Because of the accident, Route 3 was shut down for several hours.

As we continue on through Spring Break, drivers are asked to be cautious on our roadways for intoxicated drivers. Spring Break is one of the most likely times to find drunk drivers on our roadways. Students of all ages are let out of school for an entire week and they’re out to celebrate. With all of the colleges and universities in the Greater Boston Area, you can bet that this is a common area for these kinds of accidents. If you’re partying this Spring Break, make sure you do so responsibly.

Roadway Safety Tips from the Mass.gov:

-Never get behind the wheel of a motor vehicle if you’ve been drinking, not even if you’ve had only one beer. With every drop of alcohol, your ability to drive is compromised.

-Keep an eye on your friends. Remember that old saying ‘friends don’t let friends drive drunk’? Well, it still stands true today.

-Go out with a plan. If you know you’re going to be drinking, be sure to designate a driver or use public transportation, a taxi, a bus, a train or your own feet to get home.

-Remember how costly drunk-driving convictions are. In Massachusetts, the total cost (including surcharges, fees, fines, etc.) will run you nearly $8,000.

-If you think you’ve spotted a drunk driver on our roadways, stay away and call 9-1-1 to report them. Your call and your report can help save lives.

-You should never bicycle while drunk either.

-If you throw a house party, keep an eye on your guests and make sure none of them departs without a designated driver.

-If you cannot find a safe and sober ride home, stay where you are and sleep it off.

Enjoy your Spring Break and enjoy responsibly.
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There is no denying that underage kids in the state are consuming alcohol. What’s more terrifying are the risks they’re putting themselves at for serious illnesses, injuries and car accidents in Massachusetts. It may not all be their fault though. Some are blaming advertisements for increases in underage alcohol consumption.
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To help to reduce these risks, the Secretary of the Commonwealth’s Health and Human Services, Dr. JudyAnn Bigby, is doing all she can. She recently made an announcement that the Massachusetts Bay Transportation Authority (MBTA) will no longer be displaying advertisements for alcohol at any of its facilities, including commuter rail trains, bus shelters, buses, subway cars and stations. These ads will no longer be found anywhere on MBTA property. The move was made after studies revealed that the more teens see these ads, the more alcohol is consumed by this age group.

Our Boston drunk driving car accident attorneys understand that it’s important to teach our kids about the dangers of drinking and especially drinking and driving. Bigby says that there was nearly $10 billion spent on outdoor alcohol ads across the nation last year. These kinds of ads may be a contributing factor to the nearly $775 million spent on underage hospitalizations resulting from alcohol consumption in 2008, according to The Wall Street Journal. The Mayo Clinic reports that nearly 40,000 youngsters were admitted to the hospital during the year for underage drinking-related complications.

Some officials believe that these numbers may actually be much higher. Officials say that not all hospital visits are recorded, including emergency room visits, etc. Included in some of these admissions are problems related to alcohol abuse, withdrawal, dependence, intoxication, alcohol-induced mood problems and related injuries. Some reports indicate that about 25 percent of all alcohol-related injuries resulting in a hospital visit are from car accidents.

Despite what the media are saying, our teens shouldn’t be exposed to these types of advertisements. At the very least, these ads shouldn’t be displayed where these young ones congregate, says Bigby.

For many of our young residents, MBTA trains, subways and buses are a vital part of their everyday life. Some even use these forms of transportation in place of a school bus. There’s no reason these young riders should be bombarded with messages encouraging them to consume alcohol.

Thankfully, the MBTA isn’t working alone. It is also working with agencies in Washington, D.C., Chicago, Philadelphia and San Francisco to get these alcohol-related ads away from young residents and drivers.

We are now asking parents to join these efforts too and to help teach our young ones about the dangers associated with consuming alcohol and with drinking and driving. It’s a simple conversation that could potentially save their life.
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To no surprise, another driver was stopped in the state of Massachusetts and is now facing drunk driving charges. What may be a little surprising in this case is that this is the 55-year-old’s eighth drunk driving charge. With each charge, the man continues to get behind the wheel after drinking and endanger residents’ lives with potentially fatal drunk driving car accidents in Massachusetts.
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According to the Gloucester Times, the traffic stop was on Route 128 in Manchester. While the South Grafton man may have lost count of his drunk driving charges, he’s not alone. In the last two years, police in Gloucester have arrested more than 25 people for multiple drunk driving offenses. This is in addition to the approximate 80 they nabbed for first-time offenses.

Our Boston drunk driving car accident attorneys understand that the state of Massachusetts has more than 26,000 drivers who have three or more drunk driving convictions. According to David Delulis with Mother Against Drunk Driving (MADD), the state of Massachusetts is typically just too lenient with the sentences that convicted drivers get. He said the punishment for a first-time offense is usually only an alcohol education class, and that’s if the driver shows remorse.

“They re-offend No. 1, because we let them, and No. 2, because they can,” said DeIulis.

Multiple drunk driving convictions can ultimately result in jail time or a suspended license, but how many convictions it takes to get to these sentences is up to the judge. They have the discretion to make these decisions, and with recent statistics they’re not coming down too hard on these drivers.

The eight-time offender in Manchester has drawn some attention, mostly because the man is also a paroled killer. The man was released from prison back in 2002 after he served 20 years behind bars and had the murder charges reduced to a second-degree offense. Even though the man had previous DUI convictions, he was able to produce a valid driver’s license.

Michael Lane with the Gloucester Police Department says that by the time a driver gets six, seven or even eight drunk driving convictions, it’s out of the hands of law enforcement officers and in the hands of the courts and judges. He adds that there is a fair amount of recidivism, but he says all crimes are like this and it’s not just drunk driving offenders. Still, courts fail to give these offenders stricter sentences to help keep them from recommitting such crimes.

According to MADD, the state of Massachusetts ranked 40th in the country for having strict laws to help prevent drunk driving incidents. That’s nothing to brag about.

As a matter of fact, Massachusetts was the very last state to reduce the drunk driving limit from a blood alcohol concentration (BAC) of .10 to .08. The state did this only after it received threats from the federal government, saying that it was going to keep its highway funds if it didn’t lower it.

In Massachusetts, there were nearly 120 fatalities resulting from drunk driving car accidents in 2011.
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Right now, there are 15 states that mandate ignition interlock devices for all drivers who have been conducted of drunk-driving charges. Seven states, including Massachusetts, are considering it. These ignition interlock devices are used to help stop drunk-driving offenders from becoming repeat offenders and from causing even more alcohol-related accidents in Framingham and elsewhere throughout the state.
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More states could soon enact ignition interlock device laws for all drunk-driving offenders, that is if the Mothers Against Drunk Driving (MADD) gets its way, according to USA TODAY.

Our Massachusetts injury attorneys understand that drivers with a hardship license and drivers who are eligible to get their driver’s license reinstated after a drunk-driving conviction in Massachusetts are required under Melanie’s Law to use an ignition interlock device, according to Mass.gov. Still, many in the state say that this law isn’t strict enough and too many offenders are squeezing by without the proper punishments.

“An interlock law that covers all people convicted of DUI reduces recidivism by 11-12%,” said Anne McCartt of Insurance Institute for Highway Safety (IIHS).

Sarah Longwell with the American Beverage Institute says that these devices are only a temporary fix. She says that as soon as a driver is relieved from these drunk driving-prevention devices, then recidivism risks increase dramatically. In most states with an interlock law, those convicted of drunk driving have to use the device for only six months.

Fatalities resulting from drunk-driving accidents significantly dropped in the 1980s and the early 90s, but ever since then the trend has been increasing steadily. According to recent reports, there were nearly 10,500 people who were killed in these kinds of accidents in 2010 alone. While that’s still far too many, that does illustrate a near 5 percent decrease from the year before.

Ignition interlocks for every offender could have happened by now if a funding bill didn’t already stall in Congress. Under this transportation bill, millions of dollars could have been used to make ignition interlocks a requirement for all DUI offenders across the nation.

If ignition interlock devices were in a nationwide requirement, officials estimate that it would cost a little more than $430 million to supervise drunk-driving offenders, which is a small price to pay for all of the lives it’s expected to save.

What are the operator’s responsibilities with an ignition interlock?

-Installation. Users are required to get in touch with a vendor to schedule an installation.

-Payment. Users are required to pay the vendor to cover all of the required maintenance and leasing fees.

-Maintenance visits. Users are required to revisit the vendor within 30 days after installation for a scheduled data upload and maintenance.

– Proper usage. Users are required to obey all of the guidelines and rules that they are given for using the device. Users are never to tamper with or try to circumvent the use of the interlock.
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