Boston Drunk Driving Accident Lawyer Blog

There a loophole in Massachusetts’ drunk driving law and officials with the state are trying to close it, according to the Boston Globe.

Recently, the Supreme Judicial Court ruled that drivers who admit that there’s enough evidence for drunken driving conviction but aren’t technically convicted are not subject to certain increased punishments and penalties. Various state officials have recently proposed to amend the definition of a drunk driving conviction to include those who admit to sufficient facts for a finding of guilty. It’s important that convictions and sentencing for drunk drivers are strict. Studies illustrate that strict sentencing helps to reduce the risks of future convictions and help to reduce the risks of future drunk driving-related car accidents in Cape Cod and elsewhere.

“We must respond quickly to close this loophole and ensure that repeat drunk drivers are taken off the roads for significant periods of time,” said, Martha Coakley, State Attorney General.

Our Cape Cod accident lawyers understand that the state Legislature didn’t change its definition of what constitutes a drunk driving “conviction” back in 2005 when it passed Melanie’s Law. Melanie’s Law was enacted to help to keep repeat offenders off of our roadways, from future convictions and from causing drunk driving-related car accidents. Under the current definition, people who enter a guilty plea or a no contest plea are included. Unfortunately, it does not include those who “admit to sufficient facts.” Under this, drivers are allowed to admit that there is in fact enough evidence for a drunk driving conviction, but it also allows judges to dismiss the case and the charges after a short probationary period. Letting them off with such relaxed sentences increases the risks for a repeat offense or even for a future drunk driving car accident.

“We must respond quickly to close this loophole and ensure that repeat drunk drivers are taken off the roads for significant periods of time,” said Coakley.

As it is now, drivers who are convicted with a first-time offense can get an 18-month suspension of their driver’s license among other penalties. The length of the suspension increases with each conviction with a permanent revocation possible at a third drunk driving conviction.

The loophole in our state’s law has let a lot of drivers who fall under these circumstances back on our roadways. Officials believe that nearly 35,000 cases across the state were continued without a finding and the defendants were let back on our roadways in no time at all.

State officials are working to close this loophole with the new proposal. Helping to keep strict penalties on convicted drunk drivers helps to keep those from becoming repeat offenders and helps to keep our roadways safe.
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Historically, the rates for drunk driving car accidents in Boston and elsewhere are typically a lot higher on holiday weekends, just like the upcoming Memorial Day weekend.

We’ve always seen a significant increase in the number of roadway accidents during this time. Drunk driving-related statistics illustrate that there are more parties during this time, more people have off work and more people drink during these times. Unfortunately, this is also a time when more people get behind the wheel after consuming alcohol, too. Drivers are urged to be cautious and to stay sober behind the wheel over the holiday weekend to help save lives. Drunk driving accidents are completely preventable and we’re hoping drivers help do just that — prevent drunk driving accidents.

During Memorial Day weekend of 2009, there were nearly 500 traffic accident-related fatalities nationwide. Alcohol-related fatalities accounted for about 40 percent of all roadway fatalities recorded during actual Memorial Day that year.

Our Boston drunk driving car accident lawyers understand that residents get to enjoy an extra day off of work over the Memorial Day weekend. We’re asking everyone to enjoy responsibly. The truth of the matter is that drunk driving car accidents are completely preventable. Still, there are more than 10,000 people killed in these kinds of accidents every year. As a matter of fact, someone dies in a drunk driving car accident every 50 minutes. Drinking and driving is never a good idea and oftentimes produces fatal consequences. Be on your best behavior behind the wheel over the weekend and make it a fun, injury-free holiday!

To help to keep drivers safe on our roadways over the Memorial Day weekend, Mothers Against Drunk Driving (MADD) is here offering safe driving tips. Coincidentally, the number one tip on the Administration’s list is to stay sober behind the wheel.

More Tips for a Safe Memorial Day on our Roadways:

-Never drink and drive!

-Make sure your tires are properly inflated. This is a time when a lot of residents and visitors take road trips. Make sure your tires are in good condition to help to avoid an accident.

-Keep your windshield clean. You want to maximize your ability to see your surroundings when traveling along our roadways. Keeping clean windows is an excellent way to do that.

-Buckle up! Make sure that everyone’s buckled up during every car ride. Seat belts save lives.

-Get plenty of rest. Never drive when you’re feeling tired, stressed or emotional. You want to have a clear and conscious mind behind the wheel at all times.

During the Memorial Day holiday weekend, there’s going to be a lot of officers on our roadways, too. They’re going to be on the lookout for drunk drivers, speedy drivers and other drivers who break road laws. Be on your best behavior behind the wheel to not only avoid a costly citation, but to help to keep our roadways safe. Happy Memorial Day!
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Teens are closing up their books and are hitting our roadways in full force with the end of the school year. Proms are wrapping up and teens are walking across the stage for that hard-earned diploma. What they’re doing after that is concerning many and parents are in on it, according to Daily News.

To help to keep our students safe, parents are being targeted. Officials throughout the state are asking parents to refrain from hosting underage drinking parties over the summer break. Oftentimes parents think that it’s okay to serve their graduates alcohol as long as they’re in the safety of their own home. Unfortunately, friends of their teens are oftentimes hop on our roadways to head home afterwards. This is a commonality regarding teen drunk driving accidents in Boston and elsewhere.

Our Boston drunk driving accident lawyers understand that it’s illegal in all 50 states to provide alcohol to a minor. In the state of Massachusetts, it’s illegal to not only provide the booze to our young ones, but it’s also illegal to allow them to possess it on your property. If you’re busted letting your teen or their friends drink at your place, you can face a $2,000 fine. If one of these kids gets into an accident after consuming alcohol you’ve provided or after consuming alcohol on your property then you’re in a whole heck of a lot more trouble. In Essex County, many parents, guardians and other adults have been charged, prosecuted and have even served jail time for allowing minors to consume alcohol.

According to a recent release in the New England insurance industry’s weekly publication The Standard, “The Risks of Providing Alcohol, or, A Place To Consume Alcohol, to Minors,” there are a whole slew of risks associated with allowing minors to drink.

Every year, there are thousands of car accidents involving intoxicated teen drivers. It’s important for parents to slam on the brakes when it comes to teens and booze. As a matter of fact, teens that are allowed by parents to consume alcohol have a higher risk of dealing with alcohol problems as adults, according to the American Academy of Pediatrics.

Officials in Essex County spend much of their time talking with teens, teachers, law enforcement officers and educators about the dangers of underage drinking.

At all levels of blood alcohol concentration (BAC), the risk of involvement in an auto accident is greater for teens than for older drivers.

Parents are asked to stay involved in their teen’s driving. Know who they’ll be with, where they’ll be going, when they’ll be home and what they’ll be doing. Parental involvement is one of the best ways to keep our teens safe behind the wheel.
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Cinco de Mayo is right this week and you better believe that residents and visitors to the City of Boston will be hitting the town to celebrate this wild holiday. You can bet there’s going to be a lot of tequila shots passed around. According to PubCrawls.com, Cinco de Mayo celebrators are urged to get up, move around and engage in a pub crawl for this year’s big event! And everyone knows that the Boston’s bar scene is perfect for that. Local businesses are already starting to prepare for one of the most anticipated events of the year — the Cinco de Mayo Boston Pub Crawl.

While everyone may be scurrying around planning for the big event, residents, visitors and celebrators are urged to plan out their big day/night. Make sure you have a sober ride home to help you to avoid a potentially fatal car accident in Boston. Cinco de Mayo serves as one of the most dangerous times to be on our roadways,

Our Boston drunk driving accident attorneys are urging all those who are participating in this year’s celebration to consider the options. There are plenty of ways to go out, enjoy some drinks and avoid a potentially fatal car accident. There is public transportation, including buses, trains, subways, shuttles and taxis and there are other options like calling a friend or a family member, staying over at a friend’s house or even renting a hotel room. With all of these options available, make sure your Cindo de Mayo plans don’t include drinking and driving. It could wind up being a deadly decision.

Mothers Against Drunk Driving (MADD) is here to offer some safety tips for the big day if you’re planning on drinking:

-Plan ahead and designate a sober driver before you head out for the event.

-Make sure you eat before drinking. Go out and grab some of your favorite Mexican food.

-If you’re plans change and you’re left without a designated driver, consider calling a friend, calling a family member or calling a cab to come get you.

-Use mass transit. In Boston, that’s one of the most simple and safest ways to get around. Take advantage of it!

-If someone you love has been drinking and is reaching for their keys, be sure to step in and take their keys away from them. Your intervention can help to save life.

If you aren’t planning on drinking during Cinco de Mayo, remember that others are. If you think you spot a drunk driver on our roadways, be sure to report them to local authorities. Your call can help to save lives on our roadways during this fun-filled celebration.
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A teenage driver is facing a slew of charges after a drunk driving car accident that happened over the weekend. The accident was the result of a police chase and two prior accidents in Beverly.

According to ABC5, the first collision happened just before 2:00 a.m. near Cabot Street. After slamming into that car, reports indicate, the young driver got out of his vehicle and confronted the occupants of the other vehicle with a baseball bat.

When officers finally arrived on scene, the teen driver had already left. They were able to catch up with him a little later on Dodge Street where he had already rammed his car into a telephone pole and then into a house. The collisions caused a small fire. Occupants of the home were sleeping when the vehicle struck.

“I heard a big bang, I thought the transformer blew but it didn’t blow, he just came flying in,” said one of the home’s residents.

Our Boston personal injury attorneys have been talking lately about the risks that teenagers have for accidents on our roadways during this time of the year. We’re talking about their risks for accidents associated with the prom, the gradation and the summer season.

Luckily, there were no injuries reported in the Beverly accidents. The teen driver did try to flee the scene after slamming into the home, but was busted by local officers. Reports state that he tried to jump some neighborhood fences to escape, but was so drunk that he was unable to do so.

The young and intoxicated driver is now facing charges including leaving the scene of an accident, speeding, resisting arrest, driving under the influence.

As we recently reported, teen drivers may not be old enough to legally purchase alcohol or to even drink it, but that doesn’t mean that they can’t get their hands on it and that they won’t consume it. As a matter of fact, teens face a higher risk for alcohol-related accidents that any other age group of drivers, according to the National Highway Traffic Safety Administration (NHTSA). About a third of all drivers between the ages of 15- and 20-years-old who were killed in car accidents in 2006 were under the influence of alcohol when the collision happened.

Parents are asked to step in and speak up about the risks our teens are facing during this time of the year on our roadways. Make sure you know who your teen is traveling with, where they’re going and when they’ll be home. Staying in the know will help to keep your teen safe and help to cut off any opportunities for them to get their hands on any alcohol.
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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.

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.

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.

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.

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.

“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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