Articles Posted in Drunk Driving in Massachusetts

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According to a recent news feature from the Detroit Free Press, a 62-year-old man from Texas was just sentenced to life in prison after being convicted of his tenth drunk driving offense. Prosecutors say defendant was first convicted in the 1980s and has clearly not learned his lesson, as he was convicted nine additional times, including this most recent conviction resulting in a life sentence.

prison-1431136-mThe man will be eligible for parole under state law in fifteen years, meaning that he would be at least 77 years old if he is ever released from state prison.   During his sentencing, the judge noted that he has 12 drunk driving arrests on his criminal record with ten of them resulting in a DWI or DUI conviction.   The judge said he was giving defendant a life sentence, so he would be in a place that he is unable to drive for as long as possible under the law. It should be noted that more states are moving to a truth in sentencing system where a person would not be eligible for parole in fifteen years on a life sentence. Continue reading

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According to a recent news feature from CBS Boston, a man in Framingham, Massachusetts was just killed in a fatal car accident involving an alleged drunk driver.

n5Pvi6OAuthorities have said defendant, who is currently 33 years old, is facing criminal charges after he allegedly hit and killed a pedestrian while driving under the influence of alcohol. As prosecutors have alleged, this was defendant’s second operating a motor vehicle under the influence of intoxicating liquor or drugs (OUI) and a man was killed, and he is being charged with OUI second and motor vehicle homicide by reckless negligent operation. Continue reading

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When we think of the damage a drunk driver can cause, we are typically thinking about what horrific things that can happen when a car hits another car or pedestrian. However, we have seen numerous cases in Boston and across the nation where a drunk driver crashed into a home or structure. This could obviously result in serious injury to those inside the home as well as any other vehicles that may have been involved in the accident.

9638_call_the_copsA recent news article from Southern Maryland News Net describes an alleged drunk driving car crash with facts somewhat different that the typical case. In this case, authorities have said the crash occurred just after midnight on a Wednesday morning. Sherriff’s Deputies were called to the scene by witnesses after defendant’s car allegedly crashed into a strip mall in Calvert County. Continue reading

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According to a recent news feature from the News-Press, a 50-year-old woman in Naples, Florida was arrested last April on charges of suspected drunk driving. In that incident, police were called to the scene of serious car accident when the driver allegedly crashed her BMW into a Ford Mustang that was stopped at a red traffic signal. There was so much damage to her car that it was a total loss. Fortunately, nobody was injured in that serious drunk driving accident.

DUI checkpointWhen police went to question the driver, they saw that woman was wearing a bikini and appeared to be heavily intoxicated. Police administered a series of standardized field sobriety tests (SFTS), and she allegedly failed all of the tests. She said that she was not drunk and could not stand on one foot “even on a good day.” Following the administration of field sobriety tests and general questioning, they asked her to take a roadside breath test (RBT), and she allegedly refused to provide a sample. Continue reading

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In the Commonwealth of Massachusetts, there is case law that establishes what is known as “dram shop” case. A dram is a word which once commonly used to describe a measurement of whiskey that we would equate with the word “shot” today. In some parts of Europe, especially in and around the distilleries in Scotland, the term dram is still used. The word indicated a store, or more commonly a bar, where alcoholic beverages were sold by the drink.

barsignEvery bar owner and employee who is serving alcohol to the public has a responsibility, and legal requirement, to not serve any patron who is already intoxicated. They are also not supposed to serve someone to the point of intoxication that they know or should know will be driving a motor vehicle under the influence of alcohol. Continue reading

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Mothers Against Drunk Driving (MADD), the National Highway Traffic Safety Administration (NHTSA), and law enforcement agencies across the country have been trying for decades to find a way to reach potential drunk drivers and keep them from getting behind the wheel. While one might think that risk of getting a serious drunk driving car accident that could result in severe personal injury or death would be enough to deter someone, that doesn’t seem to be the case.

mJiW8uWThis is evident from the many commercials and campaigns we see. These anti-drunk driving campaigns are being generated based upon studies and the use of focus groups to determine what has the best chance of reaching potential drunk drivers. Based upon this extensive research, it seems that most people are more afraid of being arrested and having to pay for a criminal defense lawyer and also for court costs and fines. This is evident in the commercials with slogans such as “you just blew $10,000” accompanying imagery of someone blowing into a breath alcohol testing device, which people commonly refer to as a Breathalyzer. Continue reading

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Drunk driving car accidents result in serious personal injury or even death on a regular basis. Any accident involving child victims are particularly devastating. According to a recent report from Mass Live, a 59-year-old man in Hampden County has just been convicted for being involved in a drunk driving accident in which he hit three children, causing serious personal injury, some of which is considered to be permanent injury.

mHF4UJ4The defendant decided not to have trial before a jury and instead had a bench trial. In the Commonwealth of Massachusetts, a defendant is entitled to a jury as long as the potential penalties include at least one day in prison. In most cases, we would expect a defendant to always choose a trail before a jury when possible, however in some cases, where the alleged offenses involve emotionally charged issues such as child victims, it might be reasonable to choose a bench trial where a judge makes all legal rulings and also renders a verdict as to guilt or innocence. Continue reading

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According to a recent news article from The Boston Globe, a 33-year-old suspect from Norwood, Massachusetts has been charged with various criminal offenses after he was involved in serious drunk driving accident in which one of his passengers was killed and the other suffered severe personal injuries.

prison-1431136-mAuthorities are still conducting their investigation into the cause of this deadly drunk driving accident, but they have formed the opinion that defendant ran a stop sign as he was driving west while another car was headed through the intersection from a cross street, and the two vehicles crashed into each other. Continue reading

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According to a recent news article from People, a school bus driver in California was recently arrested on suspicion of drunk driving with 28 students on her bus. Authorities alleged the 24-year-old female driver was clearly and obviously intoxicated at the time of her arrest.

school-rules-1141363-mWitnesses say the bus driver was taking children home after school on Friday afternoon when her bus managed to get stuck on a small dirt road in a manner that was blocking all traffic. When authorities arrived to see what the trouble with the bus was, they say they immediately detected a strong odor of alcohol on her breath. Continue reading

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Drivers have become aware of dangers associated with drunk driving thanks to decades of education and advocacy by groups like Mothers Against Drunk Driving. Unfortunately, while the DUI death rate due to impaired drivers has gone down, the number of people who drive under the influence of drugs is rising. Driving while drugged is often just as dangerous (or more dangerous) and just as illegal as driving while under the influence of alcohol. Unfortunately, motorists underestimate the risks and aren’t aware of how impairing it can be to operate a motor vehicle after consuming prescription or non-prescription medications.

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As medical marijuana legalization moves through more states in the U.S. and as baby boomers age and prescription drug use becomes ever-more common, lawmakers are grappling with how to establish and enforce DUI laws for narcotics use. However, motorists need to make a commitment now to staying sober and not getting behind the wheel when they’ve either drank too much or consumed drugs that cause impairment. To help encourage motorists to understand risks of impaired driving and to make the necessary commitment to staying sober, Ford has created a drugged driving suit.

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