Articles Posted in Boston Drunk Driving Accidents

St. Patrick’s Day is right around the corner and residents and visitors of Massachusetts are already gearing up for the big event – South Boston’s St. Patrick’s Day Parade. This year, the parade will also be broadcasted live to the men and women of the armed forces overseas. Included in this year’s parade are politicians, clowns, floats galore, Star Wars characters, and much, much more. The Sunday, March 18 parade is expected to be a 2.5-hour affair, and we’re expecting much of the city to attend.

While many of us will be enjoying friends, family, green attire and good times, others will be out there guzzling up all of the green beer they can. You may remember a post from last year’s Boston Personal Injury Attorney Blog discussing the dangers associated with drunk driving and St. Patrick’s Day. Unfortunately, the risks of alcohol-related car accidents are just as likely now as they were then. According to the National Highway Traffic Safety Administration (NHTSA), nearly 40 percent of drivers who were involved in a fatal car crash on St. Patrick’s Day over the last five years were legally drunk behind the wheel, meaning that they had a blood alcohol concentration (BAC) of 0.08 or higher.

Our Massachusetts drunk driving car accident attorneys understand that these types of accidents are preventable and it’s a lot easier than you may think. This year, Boston’s got a plan to cut down on drunk driving. Recently the Massachusetts Bay Transportation Authority (MBTA) announced that it would be adding extra bus and subway services to help ensure that everyone makes it to the South Boston St. Patrick’s Day Parade and back home safely.

The MBTA will be offering extra Red Line trains to the usual Sunday schedule. These trains will be able to carry the expected increase in riders. The change in routes and schedules will begin at 11 a.m. on Sunday the 18th and will continue until the parade is over.

Bus routes will also be affected in this St. Patrick’s Day schedule. This includes two halted routes for the parade’s duration. Make travel arrangements beforehand to avoid any problems.

Bus Routes Affected by the Parade Schedule:

-Route 47
-Route 18
-Route 17
-Route 15
-Route 10
-Route 9
-Route 7
For more detailed information regarding Boston’s MBTA St. Patrick’s Day schedule, visit MBTA’s website.

Please remember, if your plans involve drinking beer this St. Patrick’s Day then make a plan and go out prepared. Whatever you do, make sure that you exclude driving from your plans. Use the MBTA’s services to get a safe ride home. The MBTA is here to help keep residents and visitors safe on the day of Irish celebration. Celebrate safely and responsibly. Happy St. Patrick’s Day!
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According to a recent report from the state’s Sentencing Commission, only about 20 of the approximate 110 defendants of drunk driving from 2007 to 2010 received jail time under Melanie’s Law. This law was created back in 2005 and is intended to beef up the penalties against those who endanger children by driving drunk, particularly when a child is in the car with the offender. Officials report that the law isn’t doing its job and only a small number of those who are convicted under the law actually serve any significant time behind bars. The average jail time for drivers convicted of drunk driving with a child present was less than three months.

Drunk driving car accidents in Massachusetts and elsewhere took the lives of nearly 1,315 children under the age of 15 in 2009, according to the National Highway Traffic Safety Administration (NHTSA). While these dangerous drivers should be serving significant time, that’s not what is happening. Some are only getting probation.

Our Boston drunk driving accident lawyers understand that drunk driving accidents are 100 percent preventable. It’s a shame that so many innocent, young residents are injured and killed in these kinds of accidents, which are entirely out of their control. State Sen. Robert Hedlund, R-Weymouth says that an adult has the ability to decide not to get into a car with someone who’s been drinking. Children, however, do not.

Hedlund says that he and other safe-driving advocates thought that this kind of law would be able to add jail time to the sentences of those who were convicted of drunk driving with a child present in the car. There is language within the law that stops judges from making the punishment for child endangerment concurrent with other charges.

According to the Sentencing Commission, less than 10 of the 34 people who were convicted for drunk driving with a child present in the vehicle in 2010 were sentenced to any kind of jail time.

Arrests under the law have had their ups and downs. In 2006, there were nearly 80 drivers charged with the crime. In 2011, there were 160 charged. Still, the sentences were shaky and not as tough as some would like.

If you remember, Melanie’s Law was named after a little girl killed by a drunk driver. Ron Bersani, Melanie’s grandpa, says judges are too lenient.

Children are completely vulnerable in these scenarios. Sometimes, children are too young to understand what being drunk is. When children start to understand what alcohol is and how if affects the body, many are still not able to comprehend the dangers it presents to a driver. Even when children understand all of these factors, they may be too frightened to speak up against an adult and refuse to get into a vehicle.

Bersani says all he wanted is to see more penalties handed out. He says that if you do the crime, you should have to do the time.
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A nine-count indictment! That’s what a woman recently pled guilty to after a drunk driving, wrong-way car accident on the New England Thruway. The accident happened back in July when the risky driver drove northbound in the southbound lanes of the Thruway. She rammed her vehicle into an oncoming car, head-on.

The woman pled guilty to the following:

-A misdemeanor charge of reckless driving.
-Two misdemeanor counts of driving while intoxicated.
-A misdemeanor count of aggravated driving.
-A class “D” felony of first-degree vehicular assault.
-A class “C” felony of second-degree manslaughter.
-Three counts of aggravated vehicular homicide, all class “B” felonies.

These irresponsible drivers frighten our Boston car accident attorneys just as much as they do you and your family. These dangerous drivers are the reason why our traffic accident fatality count is so high in the U.S. every year. What’s most shocking is that these kinds of accidents are completely preventable, yet motorists throw their concerns to the wind and continue to endanger safe and innocent drivers. Traffic accident fatalities are inevitable as long as these kinds of drivers roam our streets.

The New England Thruway accident happened at 4:30 a.m., when drunk drivers are most likely to be on our roadways. The woman had been driving the vehicle down the wrong side of the road for more than 6 miles before the accident happened. Investigators revealed that the woman had a blood alcohol concentration (BAC) of 0.19. That’s more than twice the legal limit of 0.08 in Massachusetts.

Both the intoxicated, wrong-way driver and a victim of the vehicle she slammed into had to be extricated from their cars. Emergency crews and State Police responded to the accident. The front-seat passenger of the victim’s vehicle was pronounced dead at Sound Shore Medical Center. The driver of the victim’s car sustained some serious injuries, according to the Pelham Patch.

The dangerous driver was taken to Jacobi Medical Center and is scheduled to be sentenced on the 24th of April. She could potentially face 25 years behind bars. Her bail remains at $50,000.

In the state of Massachusetts, the legal blood alcohol concentration (BAC) is 0.08. If you’re under the age of 21, which is the legal age to consume alcohol in our state, you can face administrative penalties if an officer busts you with a BAC of 0.02 or higher.

Drivers are allowed to refuse a chemical test or a blood alcohol-test. It’s important to remember that with refusal, an officer is allowed to take away your license right then and there.

Arrests for drunk driving are costly!

-It’s at least $75 to tow your car, since you’re not going to be driving it.

-With an arrest, you’re probably going to dish out $500 for fines.

-Your license will be taken and it costs about $100 to have it reinstated.

-Courts going to run you about $250.

-Insurance surcharges are going to cost you about $1,000.

-Attorneys costs to fight a drunk driving charge can be about $1,500.

That’s about $4,000 for a first-offense drunk driving charge. These penalties are much, much worse when someone is injured or killed by a drunk driver. Do your part to save some money and save some lives by promising to stay sober behind the wheel.

Remember, although you may be sober at the wheel, other drivers may not be. Drive cautiously and alertly to avoid a potentially fatal accident with an irresponsible, drunk driver.
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Some parents will never learn. Yet another child has been involved in a drunk driving car accident in Massachusetts. That’s right. A mother is accused of driving drunk with an innocent child in the vehicle. According to State Police Sergeant Chris Vetter, the woman’s SUV rolled over on Route 101. The mom was charged with aggravated driving while intoxicated after the 5:30 p.m.

The Union Leader reports that the woman was heading east on Route 101, by Exit 7, when her SUV went off of the roadways, crossed over the media and started heading the wrong way in the westbound lanes. Once in the westbound lanes, the mom driver overcorrected and the vehicle flipped over into the median. Mom was taken to Exeter Hospital. Luckily the 4-year-old passenger wasn’t injured in the accident. Epping police Officer Jeff LeDuc says that it was probably the child’s car seat that saved her from serious injuries in this accident. Surprisingly, mom isn’t facing any child endangerment charges. Her aggravated DWI charge is the result of the fact that she was behind the wheel under the influence of alcohol when a child under the age of 16 in the vehicle.

As we recently reported on our Boston Car Accident Lawyer Blog, the loss of a child is seemingly unimaginable. It’s a heartbreaking reality that occurs all too frequently. Recently studies conclude that car accidents are the top cause of death for children in this country. For parent drivers who are safe and responsible behind the wheel, accidents are still unavoidable at times. Knowing this, it’s important to protect your young passengers from injury and death in the event of a car accident. There are simple ways to do this and it starts with safely and correctly buckling in your child during every car ride.

According to The Official Website of the Executive Office of Public Safety and Security, most child car seats are sold reputably and have been tested rigorously tested in a number of crash tests. These tests conform to current government standards and are designed to keep your child safe in the event of an accident. Parents are urged to seat children in a car seat that has weight and height requirements that fit your child. You also want to be sure that the seat is properly installed into your vehicle. The car seat should fit snugly against the car’s seat and the harness should be tightened so that the belts are secure and fit snugly against your child.

Children should ride in a car seat that has a five-point harness system until they’ve met the height and weight limits of the seat.

Remember, back in April of 2008, Governor Deval Patrick signed Senate Bill 2018 in to law. This bill, the Booster Seat Bill, took effect in July of 2008 to strengthen Massachusetts Child Passenger Safety Law. Now it requires all children that are riding in a motor vehicle to be in a federally-approved child passenger restraint that meets federal standards until they’re either 8-years-old or over 57 inches tall. This law was enacted to help significantly increase the number of child passengers who would be required to ride in a proper booster seat.
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One.
Two.
Three.
Four.
Five.
Six!!!

You got it — six. Recently, a 60-year-old man’s license was revoked after a drunk driving accident in Westboro. No. Not after his first drunk driving arrest, but his 6th drunk driving charge in the state! The recent accident that drove officials to revoke his license happened at Hitching Post Lane and Southwest Cutoff. Some people never learn.

The man who was arrested wasn’t only endangering drivers in our state. His lengthy criminal recorded included two revoked licenses in two different states, according to the Telegram & Gazette. In the most recent accident he was charged with a marked lanes violation, negligent driving, drunk driving (sixth offense) and driving after his license was revoked.

Repeat offenders may be more dangerous than the first-time drunk driving offenders. Our Boston drunk driving accident attorneys understand that there are roughly 900,000 people arrested every year for driving drunk. Believe it or not, about a third of these offenders are repeat offenders. With these statistics, about 12,000 people die in car accidents each year that involve a drunk driver. What’s most upsetting about these types of accidents is that they continue to take the lives of thousands of innocent people every year, even though they are 100 percent preventable.

“One reason repeat offenders drive drunk is because they can,” said Chuck Hurley, chief executive officer of Mothers Against Drunk Driving (MADD). “With effective enforcement and new technology, we’re looking forward to the day they no longer can.”

The sixth-time offender in Massachusetts was recently arraigned in Westboro District Court. The most recent drunk driving arrest revealed a blood alcohol concentration (BAC) of .181. The legal limit in the state of Massachusetts is .08. The judge set the 60-year-old’s bail at $100,000 with surety or a $10,000 cash bail. According to court documents, the man’s drunk driving charge was taken down to only a fifth offense.

If the man is able to make bail, the judge has required him to serve time under house arrest and to wear an alcohol monitoring device. The man is only allowed to leave his house for court proceedings or for counseling or medical appointments. He has been ordered not to consume any amount of alcohol.

The man allegedly has a nine-page record in the state of Massachusetts. He has another eight-page criminal record in the state of Florida. Both states record serious convictions against the man.

Massachusetts Drunk Driving First Offense:

-Jail for no more than 2 and a half years.

-Fines from $500 to $5,000.

-A license suspension for a year. You can apply for your education/hardship after 3 months and for your general hardship in 6 months.

Refusing to take a Breath Test Under your First Offense:

-An immediate driver’s license suspension of 8 months.

Massachusetts Drunk Driving Second Offense:

-A mandatory 30 days in jail. An offender must serve no less than 60 days and not more than 2 and a half years.

-Fines from $600 to $10,000.

-A 2 year license suspension. You can apply for your education/work hardship after a year and your general hardship in a year and 6 months. In nearly all cases where a breath test was refused, offenders won’t be eligible for a hardship or for license restoration for at least three years.

-As of 2006, second-time offenders are required to have an ignition interlock device in their vehicle. This device is operated under the offenders funds once they receive their unrestricted license.
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In the near future, parking valets may have the power to prevent drunk driving car accidents in Massachusetts. No, they’re not going to inherit some magical powers, but they may be soon be required to keep your keys if they feel you’re too intoxicated to drive.

According to 7News, a city council member is looking to make that a law. You may remember an accident that happened back in December 2010 in which a driver who was convicted of hit-and-run had just had his car keys returned by a valet driver. Officials argued it was obvious the man was drunk. That accident caught the attention of Boston city councilman, Rob Consalvo, who knew something had to be done.

Our Massachusetts drunk driving car accident attorneys understand that Consalvo has recently proposed making a law that would allow a valet driver to stop those under the influence of alcohol from getting behind the wheel. According to 7News, a number of valet companies already do this, but it’s not a law. The question many ask is whether this should be required of all valets.

“I would love the city of Boston to be the city with the least drunken driving instances in the country,” said Councilman-At-Large Felix G. Arroyo.

According to Consalvo, valet drivers would need to be trained, much like managers and bartenders, to deal with an intoxicated person. There are signs you must be able to recognize and there are strategic ways to deal with these individuals to avoid any confrontation.

“If they’re going to make it a law, there has to be some training behind it,” said Dan Donahue of Lenox Hotel.

Some people are worried about shifting liability. According to Consalvo, valet drivers are guilty if they’re handing over the keys to people who are clearly drunk anyway, saying that yes they are already liable in a way. He says they’re not targeting valet drivers as the criminals or the cause of the situations, but he’s looking to them as a way recruit help in an attempt to reduce the risks of these types of accidents.

“We want to make sure that if, for some reason, someone doesn’t recognize the situation, we aren’t held accountable for someone else’s actions,” said Joshua Lemay, director of operations at Ultimate Parking.

In 2009, there were more than 330 people who were killed in drunk driving car accidents in the state of Massachusetts. These were accidents that involved a driver who had a blood alcohol concentration (BAC) or .08 or higher. There were also another 110 people who were killed in alcohol-related car accidents, meaning a driver with a BAC of .01 to .07 was involved. A number of these accidents could have been prevented if valet drivers were trained and required to keep the keys from drivers who they felt had consumed too much alcohol. Maybe with Consalvo, that idea can be exercised in the near future.
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Recently, the Driver Alcohol Detection System for Safety (DADSS) was listed in TIME MAGAZINE as one of the best inventions of 2011. Mothers Against Drunk Driving (MADD) is pleased with the progress of the new device, which was created by the National Highway Traffic Safety Administration (NHSTSA) and the Automotive Coalition for Traffic Safety, and its ability to help reduce the risks of drunk driving car accidents in Boston and elsewhere.

According to TIME, the developers that are testing the device used “touch- and breath-based sensors that could be strategically placed on steering wheels and ignition push buttons to instantly measure drivers’ blood alcohol concentration. The sensors would automatically analyze a driver’s breath or skin to determine whether or not he or she was fit to drive.”

Our Boston Drunk Driving car accident attorneys understand that the device is still in the testing stages and could be a part of our motor vehicles before 2014. The U.S. Department of Transportation (USDOT) is on board and is supporting the new device as well. According to the Secretary of USDOT, Ray LaHood, this could be the device we need to help to drastically reduce the risks of alcohol-related traffic accidents. With the new device, drunk drivers could be stopped in their tracks, before they are event to start up their motor vehicle.

Recently, LaHood, Administrator Strickland, Shane Karr with the Alliance of Automobile Manufacturers and Laura Dean-Mooney with MADD met together to take their first look at the DADSS device. It was developed in Waltham, Massachusetts at the QinetiQ lab.

The device could potentially keep drivers from starting their vehicle if their blood alcohol concentration (BAC) tests at a 0.08 or higher. Researchers say that the device could be voluntarily installed into new-model vehicles. Some devices would test through touch while the other tests by breath samples.

According to data from the NHTSA, drivers who are involved in fatal car crashes and have a BAC of 0.08 or above are nearly 10 times more likely to have a previous conviction for driving under the influence. Once these devices are stalled into the vehicle of those who have already been convicted of driving while intoxicated, officials believe that the number of drunk driving accidents will significantly decrease.

“Drunk driving continues to be a national tragedy that needlessly claims the lives of thousands of people on our highways each year,” said Secretary LaHood. “We need to put an end to it.”

Dean-Mooney is now a widow and a single mother because a drunk driver took the life of her husband. She says that she is proud of the progress that has been made with the DADSS device. She says that she’s glad that automakers are stepping up to prevent these types of accidents.

The device is being developed under a $10 million, five-year cooperative initiative.

The next stage of the research and development could happen by the end of the year. This phase would allow practical demonstrations of the devices.
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Boston’s getting ready for Super Bowl Sunday and to cheer on the New England Patriots all the way to the big win. What the city is also getting ready for is the increase in risks for drunk driving accidents in Boston. According to the Examiner, law enforcement agencies across the country are planning to up their enforcement efforts to keep intoxicated drivers off of our roadways during the big game. In recent years, Super Bowl weekend had been ranked as one of the biggest days out of the entire year for alcohol-related traffic accidents.

This year’s Super Bowl may be in Indianapolis, but residents throughout the country and especially in New England and New York are asked to be careful on our roadways. Kickoff is planned to start at 6:30 p.m. EST. This isn’t the Patriot’s first time to the Super Bowl. Back in 2004, the Patriots played the Carolina Panthers. During the 2004 Super Bowl Sunday, there were nearly 100 traffic accident fatalities. During that year, the Super Bowl was ranked as the second most dangerous time on our roadways for drunk driving accidents, behind New Year’s Day. In 2004, nearly 65 percent of those Super Bowl Sunday traffic fatalities were alcohol-related.

Our Boston drunk driving car accident attorneys understand that the about there were more than 10,225 people killed in drunk driving accidents in 2010. Holidays are typically a time when we see a spike in alcohol-related traffic accidents. Super Bowl Sunday has been deemed as an unofficial American holiday, and residents are asked to plan out their celebration activities before it’s too late. Make sure that everyone has a safe and sober ride home. We want to celebrate a win and celebrate safe roadways. Do your part to make our roadways safer during Super Bowl XLVI safer than ever! According to the National Highway Traffic Safety Administration (NHTSA) about 175,000 people have already made the pledge to be a designated driver this Sunday.

Are you inviting your friends and family members over for a Super Bowl celebration to cheer on the New England Patriots? We’re asking all party hosts to take a moment to review a few safety tips that could help to save lives.

Avoid Drunk Driving at your Super Bowl Party:

-Find a way to reward drivers who pledge to stay sober. Offer them with a prime spot to watch the game and make sure their non-alcoholic beverage is always full.

-Make sure to offer plenty of food at your party.

-Serve your guests only one drink at a time. Make sure your drinks aren’t too strong.

-Have plenty of non-alcoholic beverages available.

-Be sure that everyone is old enough to consume alcohol at your party.

-Ask those who are drinking to hand over their car keys.

-Set a cut off time for when you’ll stop serving alcohol. It’s recommended that this time be at least one hour before the end of the party.

-Make sure to have phone numbers of local cab companies readily available.

-Make room for guests. Assume that friends or family members will stay the night.

We’re hoping for a win and we’re hoping you’ll cheer on New England responsibly.
GO PATRIOTS!
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We’ve started a New Year and it’s time to make even more attempts at reducing the risks of drunk driving car accidents in Boston and elsewhere. But before we do, Mothers Against Drunk Driving (MADD) would like to take a look at the past year and recognize the achievements made to help to curb these types of accidents.

Our Boston drunk driving car accidents understand that some beneficial changes have been made to help to reduce the risks of alcohol-related car accidents. The truth of the matter is that there were still more than 10,835 people who were killed in these types of accidents in 2009. This is the latest detailed report of accidents available from the National Highway Traffic Safety Administration (NHTSA). During that year, there were nearly 150 alcohol-related traffic fatalities in the state of Massachusetts. With a New Year, we’re provided with a clean slate in the fight against these irresponsible drivers and completely preventable accidents.

In 2011, MADD recognizes the following achievements:

-Being able to serve nearly 100,000 survivors, victims and others who have been impacted by either drugged or drunk driving.

-The use of ignition interlock devices reached 15 new states with more strict drunk driving conviction sentences.

-MADD was able to hold the first annual PowerTalk21 Day®.

-The advocacy group celebrated its 5th anniversary of the Campaign to Eliminate Drunk Driving® through its release of the Report to the Nation.

-The number of drunk driving statistics was cut in half for the first since MADD began.

-MADD was able to hold more than 50 Walk Like MADD events nationwide.

MADD says that the fight isn’t over just yet. Still, there are more than 10,000 people who are killed in drunk driving car accidents in the country every year. Thousands more are injured in these preventable accidents, too.

With the New Year and with your support, MADD says that it will continue to push for more advanced car features to help to stop alcohol-impaired drivers in their tracks. The advocacy group also says that it will continue to encourage and to help parents to talk with their teenage drivers about the risks that are associated with drinking and driving. Remember that just because our teenagers aren’t of legal age to consume alcohol, it doesn’t mean that they can’t get it and that they won’t get behind the wheel after doing so.

That’s not all. MADD is also going to continue to push for more sobriety checkpoints around the country, not only on major holidays but randomly throughout the year. They’ll be continuing on in the efforts to recruit designated drivers and will continue to offer assistance to those who have experienced one of these tragic events.
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After speeding passed a police cruiser, a Massachusetts driver was stopped and arrested for drunk driving. It wasn’t the speed alone that steered cops to the out-of-control driver — it was the fact that he was speeding passed the police cruiser with just three tires on his vehicle, according to FOX6. The man was pulled over in New Hampshire as he passed officers working another traffic stop. Officers said they heard the noise, saw the car and then pulled over the 22-year-old driver. Officers don’t know how long the young driver had been riding on the rim, but they do believe that the man was under the influence of either drugs or alcohol.

The busy holiday season may be over and risks for drunk driving car accidents in Massachusetts have decreased, but the truth of the matter is that our roadways are still plagued with these irresponsible drivers. In 2009, there were nearly 350 traffic fatalities in the state of Massachusetts resulting from alcohol-related car accidents. Of those accident fatalities, roughly 130 were the result of alcohol-related accidents while more than 100 were the result of drunk driving accidents.

Our Boston drunk driving car accident lawyers understand that these types of car accidents are a real threat on our roadways throughout the year. We made it through the holiday season and through the National Safety Council‘s (NSC) 600 predicted traffic fatalities for that time period, but it’s a whole new year with new risks. This is the second entry of a 6-part blog in which we are discussing simple New Year’s resolutions that you and your family can take to help make our roadways safer in 2012. In the first entry we discussed the risks and dangers associated with distracted drivers. This blog will provide you with simple steps to avoid driving drunk and to ultimately avoid a potentially fatal accident.

The Commonwealth of Massachusetts is here to offer you safety tips to stay safe and sober behind the wheel. By following these few tips and sharing them with friends and family, we can all do our part to reduce the risks of fatal accidents. Safer roadways start with you. Step up and make the resolution to remain safe and sober behind the wheel in 2012.

Drunk Driving Safety Tips:

-Never drive if you’ve had anything to drink. You’re compromising your ability to drive safely with any amount of alcohol in your blood, even when your blood alcohol content is well below the state’s legal limit of 0.08.

-Never let friends drive drunk. If you see someone who has been drinking and is about to get behind the wheel, take their car keys and help them to make safe arrangements home.

-Party with a plan. If you know you’ll be consuming alcohol, designate a sober driver before the party starts. If you’re not using a driver, make sure you use public transportation, walk or stay at a safe place for the night.

-Remember that the average drunk driving charge costs roughly $8,000. Subsequent convictions bring higher costs and imprisonment.

-Alcohol and medications don’t mix!

-If you think you see a drunk driver on our roadways, steer clear. Call 9-1-1 to report the driver.

-Don’t think that bicycling drunk is any safer. Alcohol impairs your ability to ride a bike, too.

-If you’re throwing a party, make sure guests are sober before leaving. Offer non-alcohol beverages for designated drivers.
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