Country music legend Lynn Anderson has been charged with drunk driving after crashing her car, according to recent news report from News 2 Nashville. Anderson had a series of chart-topping hits in the 70s and 80s including “I never promised you a rose garden.”

magic-pills-1418156-m.jpgPolice responded to a motor vehicle accident and noticed that one of the drivers was showing signs of impairment. That driver, Anderson, is alleged to have admitted drinking and driving and to having ingested prescription medication prior to getting behind the wheel. This was not the first time she was arrested on DUI charges. Anderson was arrested in 2004 after being found by police passed out in her car on the side of a road.

As our Boston drunk driving accident lawyers understand, many drivers who have caused a serious accident seem to be under the belief that they are allowed to drive after taking powerful prescription medications. This could not be farther from the truth.

Let’s first look at cases involving alcohol. As long as you are 21 years of age or older, it is completely legal to drink alcohol. It is not however, legal to drive a car after becoming intoxicated. Drunk driving is negligent driving.
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Our Boston attorneys who represent victims of alcohol-related car accidents understand that the findings of the criminal court may aid plaintiffs in a later civil lawsuit.

12754_hand_cuffs.jpgAccording to a recent news report from Fox Sports, UFC fighter, Nick Diaz has been arrested for drunk driving. This is the second time Diaz has been arrested for DUI in the past year.

Police reported that Diaz was pulled over on routine traffic stop, and officers suspected that he was driving under the influence of alcohol. After being arrested and taken to the police station, officers asked if he would consent to giving a breath sample. He said that he would take the test but asked if he could go to the bathroom before blowing into the breath-testing machine.

He is alleged to have attempted to induce vomiting in what is being seen as an attempt to rid his body of alcohol before taking the test. Officers told him to stop, but he kept trying to make himself vomit. Even if he succeeded in vomiting, this would have no significant effect on his breath test results, due the fact that machine measures alcohol in the air expelled from the lungs, which has nothing to do with the amount of alcohol still in the driver’s stomach.

Diaz was also charged with attempting to destroy evidence and refusal to give a breath sample.
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A 20-year-old student studying physical therapy at Simmons College was killed on Father’s Day while jogging along a road in Sharon. The vehicle that caused her death was driven by a man who never should have been behind the wheel because his license was suspended.
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Now, the student’s father has become an advocate to press Massachusetts state lawmakers to pass a measure he hopes will help boost enforcement against derelict drivers. It would require the Massachusetts Registry of Motor Vehicles to issue a notification to local police when a person’s license is suspended. This would allow officers to watch for that person’s vehicle, in the event he or she decides to venture out anyway.

Testifying before the state’s Transportation Committee recently, the father spoke of his family’s struggle to make it through another day without his daughter. He said a driver operating a suspended or revoked vehicle is “an immediate threat to public safety,” warranting a higher degree of action.

Another reason our Boston drunk driving accident lawyers believe such action is so vitally important has to do with the fact that if a driver’s license has been revoked, he or she is not covered by insurance. That means if the driver wrecks and causes serious injury or death, insurance options are severely limited. An injured person could seek compensation directly from the driver. Under certain circumstances, there may be grounds to pursue liability action against the owner of the vehicle (if different from the driver) or from a bar or restaurant that served alcohol to the driver just prior to the crash. But there are many variables in such instances.
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According to a recent article from CBS Sports, Pittsburgh Steelers running back Le’Veon Bell did not know that he could be charged with a DUI for smoking marijuana before driving.

403_dutch_weed.jpgAs your Boston drunk driving car accident lawyer understands, the term “drunk driving” is not a legal term. The crime itself takes a different name depending on the relevant state code. For example, in Massachusetts, the crime of drunk driving is called Operating Under the Influence (OUI) of intoxicating liquor or drugs. Prosecutors will typically refer to it as OUI liquor or OUI drugs when speaking in court.

As noted in this article, Bell, along with fellow Steelers running back LaGarrette Blount, was arrested for possession of marijuana a few hours before a team flight to Philadelphia. Bell, the driver of the car in which the two men were riding, was charged with driving under the influence of drugs (marijuana). According to police, Bell stated that he didn’t know that was possible.

During the vehicle stop, Bell was asked if he had smoked marijuana recently and said that he smoked it about a minute ago along with other people in the car. The officer informed Bell the he would have his blood tested for the metabolites of THC and would be arrested and charged with a DUI.
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A texting drunk driver who killed two 17-year-old high school students and seriously injured two others in New York in December 2012 is being sued for wrongful death, in lawsuits filed just shy of one year of his criminal conviction.
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In the midst of serving a 5- to-15-year sentence in prison, the driver is now accused of negligence resulting in the death of the two teens. Also named in the lawsuit are the drivers’ mother, the restaurant that served him alcohol just prior to the crash and two employees of that restaurant. Liability on the part of the establishment falls under what’s known as a “dram shop law,” and the one in Massachusetts is quite strong.

Mass. Gen. Laws Ann. ch. 138, 69 holds that no alcoholic beverages should be sold to an intoxicated person by a licensed establishment. Further, any personal injury or negligence action arising out of this or illegal service of alcohol to a minor must be filed in the state’s superior court. Our Boston drunk driving injury lawyers are committed to ensuring all persons and entities responsible for serious injuries and deaths resulting from impaired driving are held accountable. We know how important it is for parents and other loved ones to pursue every available avenue of justice.
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A recent story for 9 News involves a woman who may not survive a serious drunk driving car accident. Witnesses have reported that, just after midnight, the defendant was allegedly driving his vehicle on the wrong side of a divided roadway. One driver saw the vehicle approaching in time and managed to swerve out of the way.

PoliceLights.jpgWhen the victim saw the defendant approaching heading the wrong way, she also attempted to serve out of the way. Unfortunately she did not have time and was hit head-on by a suspected drunk driver.

After the crash, first responders got the victim out of the vehicle and rushed her to a local trauma center. A police spokesperson reported that the woman was immediately taken into surgery to treat her injuries, but it was not known whether she would survive the surgery, given the extreme nature of her injuries.

The at-fault driver who was alleged to have been intoxicated was also taken to the hospital to be treated for what has been described as serous but non-life-threatening injuries.

As your Boston drunk driving car accident attorney understands, driving on the wrong side of the road is a fairly common behavior exhibited while driving drunk. The National Highway Traffic Safety Administration (NHTSA) has conducted a number of studies since the 1970s to determine the best ways to identify a drunk driver. NHTSA has also used this research to develop a series of Standardized Field Sobriety Tests that officers can use to aid them in making an arrest decision.
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A Methuen police officer has been arrested for the death of a Lowell man in an alcohol-related car crash, according to a recent article from CBS Local Boston. The police officer was charged with Operating Under the Influence (OUI) of intoxicating liquor or drugs, vehicular homicide involving alcohol, and open container of alcohol in a motor vehicle, and he was given a citation for a marked lanes violation and negligent operation.

1342726_alcohol.jpgAs your Boston drunk driving accident lawyer knows, OUI is the name for a DUI charge in the Commonwealth of Massachusetts.

Witnesses say that the defendant was in an SUV traveling west on Riverside Drive in Lowell at just after midnight, when he crossed over the centerline and hit the victim’s car. The victim was trapped in the car, and firefighters had to use the Jaws of Life to get the victim out of the wrecked vehicle. The victim was then taken to the hospital, where he was pronounced dead.

The victim was out that night to pick up his sister from work. She was taken to the hospital after the crash and was reported to be in stable condition. The extent of her injuries has not been released.

The defendant is being held on $500,000 cash bail, due to the allegations in this case and the fact that he was arrested last year for drunk driving as well. In that case, he refused to take a breathalyzer and lost his driver’s license for six months.
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According to a recent article from CBS Los Angeles, a man has been charged with murder after a 19-year-old driver was killed in what appears to be an alcohol-related car accident.

903509_drunk_drive.jpgThe victim was driving with his girlfriend when the alleged drunk driver swerved his vehicle and crashed into them. The driver was pronounced dead at the scene of the accident. The man’s girlfriend was taken to the hospital. Her injuries were not life-threatening.

Authorities are reporting that the defendant fled the scene of the accident on foot and was arrested when police arrived at his home following the crash. The defendant was also charged with driving under the influence (DUI), leaving the scene of an accident (hit-and-run), and driving with a suspended license. According to this article, the defendant had previously been convicted of a DUI in which there was a personal injury.

As your Boston drunk driving lawyer understands, there is a good chance that adriver who had his license suspended for a previous DUI did not have car insurance. There is the possibility that the person borrowed the car from someone who did have insurance. If this is the case, you may be able to collect from the owner’s policy, and you may have an additional negligence claim for the owner’s negligence in lending the defendant the car.
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Our Boston drunk driving accident lawyers understand the devastating effects a drunk driving collision can have on victims.

Court.jpgFox59 is reporting that an Indiana woman, 22-years-old, was charged with multiple felony counts involving an alcohol-related car accident that left 2 dead and others injured. A 50-year-old man was killed, along with a 28-year-old female passenger. A 49-year-old female victim suffered life-threatening injuries and was taken to a local hospital for treatment.

Court papers indicate that the defendant’s car allegedly swerved into oncoming traffic and hit another car. Witnesses say the impact was so great that the road surface was gouged.

After the accident, during interrogation, the defendant told police that she went out for a drive to clear her head after having a fight with her boyfriend. She admitted to authorities that she had four shots of alcohol and half a beer. At the time of her arrest, her blood alcohol concentration was .10 grams per 100 millimeters of blood. The legal limit in every state including the Commonwealth of Massachusetts is .08, so the defendant was allegedly over the legal limit.
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A recent story from 7KTVB discusses how an Idaho man has been sentenced to 40 years in prison for drunk driving. The 42-year-old man was convicted of felony DUI. He is eligible for parole in 10 years but could spend the rest of his life behind bars.

prison-1431136-m.jpgWhile a DUI is normally a misdemeanor offense, it can be charged as a felony after the defendant has been convicted of a certain number of misdemeanor drunk driving offenses. According to court records, this defendant was sentenced for his fifth felony DUI. He had 2 misdemeanor DUIs on his criminal record as well.

As your Boston drunk driving injury lawyer can explain, in the Commonwealth of Massachusetts, operating under the influence (OUI) is a misdemeanor for a first and second offense and a felony for third and subsequent offenses. For misdemeanors in Suffolk County (Boston), the drunk driver could serve up to 2.5 years at the South Bay House of Corrections. For felonies, the defendant could face five years or more in a Massachusetts Correctional Institute (state prison).
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