Boston Drunk Driving Accident Lawyer Blog

Officials are crediting a 6-year-old law that makes ignition interlock devices a requirement for repeat drunk-driving offenders for the decrease of drunk-driving accidents in Massachusetts, according to the Boston Globe. Officials are looking to make the so-called Melanie’s Law even stronger, requiring it for all first-time offenders as well.

Our Boston drunk-driving accident attorneys understand that the requirement of ignition interlocks for repeat offenders was mandated after Melanie Powell, 13, was killed by a drunk-driving repeat offender. Ignition interlock devices require a driver to test below a blood alcohol concentration of 0.08 through a breath test before the car will start. It will also ask for random breath tests throughout the drive to ensure that it wasn’t falsely started.

The Registry of Motor Vehicles reports that there have been about 10,000 people who have these breath-test devices installed into their vehicles after a second drunk-driving conviction. Only about 120 of these people were convicted of a subsequent drunken-driving offense.

According to federal officials, there has been a near 30 percent drop in the number of drunk-driving accidents in Massachusetts from 2005 to 2009. Enforcement officials credit this decrease to tougher enforcement efforts and safer vehicles.

Officials from Mothers Against Drunk Driving say that they’ve always been an advocate of ignition interlock devices and are currently backing legislation to mandate these devices everywhere, according to Nashoba Publishing.

“If the repeat offender who hit and killed Melanie had an interlock device on her car after her first drunk-driving offense, Melanie Powell would be in college today,” said Ron Bersani, Melanie’s grandpa. “Please, remember Melanie and remember every victim of drunk-driving crashes.”

Sen. Robert Hedlund, R-Weymouth, is pushing for a stricter Melanie’s Law. Currently, drivers only have to have the device once they’re deemed to be a habitual offender. Hedlund would like ignition interlock devices to be installed in all drivers’ cars after their first drunk-driving offense.

He’s also pushing for a bill that would lift Massachusetts’ ban on discounted or free drinks in restaurants and bars. This amendment would bring back happy hour to the state. Happy hours and drink specials were banned in the state back in 1984 because of officials’ concerns about drunk driving.

Hedlund says the proposal for a stricter Melanie’s Law and a revival of the happy hour has nothing to do with one another. He says that the removal of happy hour didn’t significantly cut down the number of drunk-driving accidents as Melanie’s Law did.

“Nothing changed until Melanie’s Law came along,” said Hedlund. “That’s the first thing we did that had an impact in decades.”

Our Boston drunk-driving accident attorneys ask you to be safe behind the wheel, especially as we head into 2012. The holiday season is typically when we experience a significant increase in the number of serious drunk-driving accidents. Drive safe, drive sober, drive safely and have a Happy New Year!
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Drunk driving accidents in Massachusetts could be less common if researchers involved in a new technology device for vehicles gets the funding it needs.

According to Mothers Against Drunk Driving (MADD), the U.S. Senate is looking to grant more money to the developers of the Driver Alcohol Detection System for Safety (DADSS). DADSS, which recently entered its second phase of testing, will not allow a driver to start a vehicle if his or her blood alcohol concentration (BAC) is above 0.08, which is the legal limit in the United States. This in-vehicle, alcohol-detection system could be used nationwide.

Our Boston drunk driving accident attorneys understand the consequences of drunk drivers on our roadways. All too often these drivers set out behind the wheel of a motor vehicle after consuming impairing amounts of alcohol and put innocent motorists’ lives in danger. Oftentimes these accidents kill innocent people. As we round the final corner of 2011, we can expect an increase in the number of drunk driving accidents throughout the country. Unfortunately, the holiday season brings out far too many intoxicated drivers. We ask that everyone enjoy their holiday season, but do so with a watchful eye on our roadways.

The Senate is considering legislation that could increase funding for the further development and research of the Driver Alcohol Detection System for Safety. The announcement comes as MADD marks its fifth anniversary of the Campaign to Eliminate Drunk Driving.

“MADD thanks the National Highway Traffic Safety Administration and the automakers who are moving forward on this important research activity,” said Jan Withers, MADD national president.

Senators Susan Collins and Patty Murray are the two behind the push for more funding to help prevent drunk driving. The funding will be provided to the National Highway Traffic Safety Administration for the research, creation and development of this technology.

The legislation could potentially give $6 million to help develop and test the DADSS. Before the recent consideration, developers were only going to get about $5 million from the current fiscal year. Researchers are also hoping to get their hands on the extra funding that was left over from seat belt law incentive programs.

The Driver Alcohol Detection System for Safety started when the National Highway Traffic Safety Administration joined efforts with the Automotive Coalition for Traffic Safety. The two organizations are tackling drunk driving accidents and looking to develop a useful technology that will be accepted by the public to stop drunk drivers in an “un-invasive” way. When all is said and done, the organizations believe that the devices could potentially save about 8,000 lives every year. In Phase II, developers will create a test vehicle within the next two years to be used, tested and analyzed.
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There were a slew of DUI checkpoints conducted during a recent weekend by the Massachusetts State Police. These checkpoints resulted in a number of motor-vehicle citations, criminal summonses and arrests. The checkpoints are an important tool to help officers remove dangerous drivers from our roadways,

One of the weekend checkpoints took place from Friday night through the early morning of Saturday to help bust intoxicated drivers before they caused a drunk driving accident in Massachusetts. In this particular checkpoint, the State Police’s Troop A conducted traffic stops in Lawrence on Route 28. Nearly 10 drivers were arrested for driving under the influence, more than 100 motor-vehicle violation citations were written and three criminal summonses were issued.

Our Boston drunk-driving accident attorneys would like to tell you more about the recent efforts of our state officers to get dangerous drivers off our roadways. During the same time period, the State’s Troop B set up shop in Springfield on State Street. This checkpoint resulted in more than 50 motor-vehicle violation citations, nearly 10 criminal summonses, five DUI arrests and three additional arrests.

Through the Saturday evening/Sunday morning efforts, officers from Troop H conducted checkpoints in Cambridge on Memorial Drive. These officers were able to issue more than 40 motor-vehicle violation citations, nearly 10 DUI arrests and three additional arrests.

Sobriety checkpoints are already scheduled for the future.

Every time our officers conduct a sobriety checkpoint, hundreds if not thousands of driver pass through. These checkpoints help officials to weed out the irresponsible drivers while also searching for vehicles that may not be safe to be on our roadways.

In 2009, there were nearly 350 traffic accident fatalities in the state of Massachusetts. More than about 130 of these fatalities were alcohol-related and nearly 100 were fatal drunk driving-related accidents.

Even with the strict penalties for drunk driving in the state of Massachusetts, drivers continue to disregard public safety and continue to get behind the wheel after having a few too many drinks.

OUI/DUI Penalties for First Offense in Massachusetts:

-Jail time. Up to 2.5 years.

-A fine from $500 to $5,000.

-License suspension for a year with the ability to obtain an education/work hardship after three months and a general hardship after six months.

OUI/DUI Penalties for Second Offense in Massachusetts:

-Jail time. Mandatory jail time of 30 days. No more than 2,5 years.

-A fine from $600 to $10,000.

-License suspension for two years with the ability to obtain an education/work hardship after one year and a general hardship after 18 months.

-As of January 1st 2006, a second time offender must have an ignition interlock device (IID) installed in the offenders car for at least two years. The cost of this device falls on the offender.
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When our little vampires are finished combing the neighborhoods for candy, brushing their fangs and getting tucked in bed for the evening, adult goblins will be hitting the streets and heading out for a night of fun and adventure. Adults may be too old to trick-or-treat, but that never means someone is too old to celebrate Halloween. Since many adults enjoy putting on a costume and heading out to Halloween parties and other Halloween events, it’s no surprise that drunk-driving accidents in Boston and elsewhere are such a scare on the 31st of October every year.

According to National Highway and Traffic Safety Administration, there were nearly 70 people killed because of Halloween-related drunk-driving car accidents in Massachusetts and elsewhere because of drunk drivers. All of these fatal accidents occurred from Oct. 30 to Nov. 1. This is a steep increase from the average number of deaths on many other nights.

It has been estimated that nearly 50 percent of all car accidents that happen during this holiday period are alcohol-related. For this reason, Halloween continues to be one of the deadliest nights of the year on our roadways. There’s no costume that can hide an alcohol-impaired driver who gets behind the wheel of a motor vehicle.

“We support enforcement efforts 100 percent in helping protect our children and our roadways this Halloween,” said Laura Dean-Mooney, national president of Mothers Against Drunk Driving.

To help everyone stay safe on our roadways and to prevent a serious accident during the upcoming Halloween holiday, we ask that residents and visitors follow the safety tips listed below:

Safety tips to help you to avoid a drunk-driving accident:

-If you’re going out and know you’ll be drinking, it is critical for you to make sure you designate a sober driver to get you home safely. This driver needs to pledge to remain completely sober. A designated driver doesn’t mean the person who is the least drunk.

-If you’re planning on throwing a Halloween party, make sure your guests know if you will be serving alcohol so that they can arrange a safe and sober ride home.

-Make sure that no one under the age of 21 is being served alcohol.

-If you’re impaired and don’t have a designated driver, consider calling a cab, calling a family member, using public transportation, staying at a friend’s house or getting a hotel room for the night.

-If you spot a driver who you think may be intoxicated on our roadways, call local law enforcement. Your call can help to save a life.

-If you see someone who is about to drive after drinking, consider taking their keys and helping them to find a safer way home.

-Offer non-alcoholic beverages if you’re hosting a party.

Halloween is a fun and exciting time for both kids and adults. We’re never too old to throw on a costume and celebrate the festivities. Our Boston car accident attorneys ask that you enjoy your Halloween, but to do so safely and responsibly. Happy Halloween!
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Former Boston Red Sox pitcher Curtis Leskanic is facing charges of child neglect without harm and of driving under the influence after a recent arrest. The 44-year-old former-baseball player was pulled over with, what police say was, a blood alcohol concentration (BAC) of .331, which is more than four times the legal limit, according to Mass Live.

His BAC was so high that officials made him check into a hospital before being arrested and booked. Officers found the man allegedly passed out behind the wheel of his pickup truck on the roadway. His 5-year-old daughter was asleep as well in the vehicle and was not properly restrained. According to records, the child has been handed over to a family member.

With the holiday season approaching, we understand that the number of drunk driving incidents will be increasing significantly. With Thanksgiving, Christmas, New Year’s and the rest of the year-end’s celebration, residents will be venturing out to visit friends and family members. Unfortunately, many of these gatherings involve alcohol and many will fail to find a responsible and safe ride home, which is why we see the number of drunk driving accidents in Massachusetts skyrocket during this time of year.

Our Boston drunk driving accident attorneys ask that everyone enjoys the rest of the year and the holiday season, but to do it safely. There’s no reason for anyone to get behind the wheel after consuming alcohol. Every little bit impairs a driver’s ability to safely navigate the roadway. When intoxicated people take the wheel, lives are lost in gruesome traffic accidents.

The former pitcher played more than 10 seasons between Boston, Kansas City, Milwaukee and Colorado. He had a 50-34 won-loss record and played his last season with Boston, pitching for the World Series is 2004.

The arrest report stated:

-Officers were notified about a pickup that was swerving all over the roadway. The 7:30 p.m. call specified that there was a young female in the passenger seat.

-When the responding officer combed the area for the reported vehicle, he found it stopped at an intersection even though the traffic light for the truck was green.

-The officer tried to wake up Leskanic two times. The officer reported that the man was hunched over in the driver’s seat like he was sleeping.

-Instead of handing over his driver’s license, Leskanic gave the officer his scout identification card that is used in Major League Baseball.

-The officer conducted a number of roadside sobriety checks. Leskanic failed all of them.

-When the pitcher was arrested, he started yelling at the officer.

-In all DUI cases, specialists take two blood-alcohol tests. The former star took the first one but refused the second.

-During the transport from the hospital to the local jail, the man continued to yell and swear at officers.

As the holiday season approaches and intoxicated drivers start seeping onto our roadways, we ask all responsible motorists to keep an eye out for these irresponsible individuals. Defensive and alert driving habits are important during this time of year.

If you believe you’ve spotted a drunk driver on our roadways, you’re asked to call local authorities with the location, direction the vehicle is moving, make, model and color of the vehicle. Reporting a drunk driver can help to save lives on or roadways. Stay sober, stay safe and stay alert this holiday season.
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According to The Boston Globe, one of the Governor’s right-hand men was arrested under allegations of drunk driving in Massachusetts. The arrest happened just a few hours after the aide was involved in an accident in Boston. The Governor’s senior adviser for community affairs was involved in an accident at the intersection of Tremont and Stuart Streets just hours before the arrest.

Our Massachusetts drunk driving accident attorneys would like to warn all motorists be to extra cautious on our roadways, especially during the upcoming holiday season. Although a recent report from the Centers for Disease Control reported that there has been a near 30 percent decrease in the number of alcohol-related traffic accidents in the U.S. over the last five years, we’re still losing way too many innocent motorists on our roadways because of these irresponsible drivers.

Many experts believe that this decline has to do with the fall of the economy, according to CBS News. As the economy bounces back and the holiday season approaches, we can expect to see an increase in the number of these types of incidents.

“One possibility is that people are drinking at home more and driving less after drinking,” said Dr. Thomas Frieden, director of the Centers for Disease Control and Prevention.

According to recent CDC telephone survey of roughly 210,000 participants:

-About 1 out of every 50 people who were surveyed said that they had driven while drunk at least once in the last 30 days. That means that about 4 million Americans drove on our roadways while drunk at some point during last year.

-Roughly 60 percent reported that they drove while drunk only once.

-Some participants admitted to driving while drunk on a daily basis.

-The CDC estimates that there were approximately 112 episodes of drunk driver on our roadways in 2010 alone. This means that there were about 300,000 drunks driving along our roadways every day.

-This is the lowest number of episodes on our roadways since 1993, which is down significantly from the peak year of 2006 with an estimated 160 million episodes.

-Men between the ages of 20- and 35-years-old had the highest recording of drunk driving episodes. Even though this demographic only accounts for about 10 percent of the population in the U.S., they were expected to be involved in more than 30 percent of the alcohol-related traffic incidents in 2010.

The most common occurrences of the drunk driving incidents from 2010 involved individuals who had at four or five alcoholic drinks in a short amount of time. Binge drinking was reported to have declined during this time.

According to the National Highway Traffic Safety Administration (NHTSA), there were just under 11,000 drunk driving accidents reported in 2009.

Traffic accidents continue to be the number one cause of death for people in the country. A person dies in a traffic-related accident on our roadways every 48 minutes. With the holiday season approaching, motorists are asked to be cautious on our roadways and keep an eye out for alcohol-impaired drivers. This pleasant time of the year unfortunately brings out more impaired drivers and many innocent motorists die as a result.
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Recently, one man died and another was injured after falling from a bus window on the Redhook Ale Brewery bus tour, according to Seacoast Online. Investigations into the Massachusetts bus accident concluded that the bus was traveling at about 60 miles per hour during the time of the accident and that the brewery did not over-serve the two men. According to the Chief of the N.H. Liquor Enforcement, Eddie Edwards, there was nothing the brewery did to cause the accident.

The accident happened as both men were reportedly “roughhousing” on the bus tour as it was traveling down Route 2 in Shirley. The men fell out of the bathroom window as the bus was returning to Massachusetts from New Hampshire. It has been concluded that the man that was killed in the accident died from impact trauma.

According to investigators, the bus’ bathroom window is about 4 feet tall by about 2 ½ feel wide. It’s hinged at the top and can be opened by passengers. Our Boston bus accident attorneys are thankful that the participants in this tour were responsible enough to take a bus instead of driving after drinking the brewery’s products. Unfortunately, the tour bus was unable to protect them from an accident.

The investigation into the accident is ongoing as there are so many factors contributing to the accident. The driver was unaware of the accident when it happened as he continued to drive down Route 2 for a number of miles before pulling off.

Oftentimes residents will go out and enjoy their own sort of brewery tour and will hop from bar to bar – driving to each. Whenever you and your friends head out for a night on the town, make sure that you have a responsible and sober ride home. Drunk driving accidents are some of the most preventable accidents on our roadways. Get a sober driver, take a taxi, find a friend’s house to sleep at or get a hotel room if you plan on going out and drinking.

We’d also like to touch on the fact that buses, taxi and other forms of public transportation have a responsibility to keep riders safe. A number of federal regulations have to be met by each vehicle.

Over the last 2 years, the Obama administration has been working overtime to ensure the safety of passenger buses on our roadways. There have been the same number of buses issued out-of-service orders over the last two years as there have been over the previous 10 years, according to the Federal Motor Carrier Safety Administration (FMCSA).

“I’m proud of FMCSA’s efforts to crack down and take action on unsafe interstate bus and trucking companies,” said FMCSA Administrator Anne S. Ferro.

These busing companies are required to provide buses that pass a number of safety inspections and the driver must meet a plethora of requirements. Drivers must minimize their driving hours to reduce the risks of fatigued driving-related accidents. Drivers must also pass drug and alcohol tests whenever deemed necessary. If a company is caught violating these rules, it can have a fine of $2,000 a day or $25,000 for each separate violation. This increased enforcement effort is to help reduce the number of fatal bus accidents that we’ve recent experienced across the country.
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A fatal drunk-driving car accident in Stoughton refuels at least one lawmaker’s call for stricter drunk-driving enforcement and harsher penalties for those who are considered habitual offenders.

The recent accident involved a Bridgewater hairdresser who was allegedly driving drunk, an Easton woman who died from injuries sustained in the crash, and two additional motorists who were also injured, according to the Boston Herald.

The 48-year-old drunk driver was charged in Stoughton District Court with motor-vehicle homicide, leaving the scene, and driving while drunk and on drugs. She is being held on a $100,000 bond.

Our Boston drunk-driving accident attorneys understand how dangerous these drivers can be and how common habitual offenders are. We also know that legislators are working diligently to create and enact harsher penalties for these individuals.

This Stoughton accident happened when the impaired woman’s SUV slammed into another vehicle around 11 p.m. on Route 24. A 57-year-old motorist was pronounced dead at the scene and the two other motorists involved were hospitalized.

According to the woman’s records, she has also been involved in seven other accidents, three of which occurred during the past five years. She has also received four speeding fines since the early 1980s.

“We have to have some system in place that recognizes the cumulative nature of these offenses — and today we don’t,” said Senate Minority Leader Bruce Tarr (R-Gloucester).

Last month, Tarr filed a bill that aimed to toughen up the penalties for bad drivers on our state’s roadways. He says that every day we see more and more tragic accidents on our roadways by drivers who have not received strict enough punishments for previous offenses, and it’s time we address it.

Officers report that the impaired hairdresser told them that she was heading home from work. Later she admitted to having only three beers. Even after that, officers found nearly 20 marijuana cigarettes and a bottle of pills in her vehicle.

Current penalties are as follows for repeat offenders:

-Second Offense:
-Jail for a minimum of 60 days, but no more than 2 and a half years.
-A fine of $600 to $10,000.
-License suspension for two years — hardship license will be considered after one year.
-Ignition interlock device installed at your own expense for two years.

-Third Offense:
-Jail for a minimum of 180 days, but no more than five years.
-A fine anywhere from $1,000 to $15,000.
-A suspended license for eight years, hardship considered after two years.
-The commonwealth may keep, sell or seize your vehicle.

Massachusetts officials don’t think these penalties are strict enough because the number of repeat offenders is still too high. Until there is a system in place to keep drunk drivers off our roadways, innocent people will continue to be involved in accidents caused by careless and irresponsible drivers.
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A recent drunk driver in Boxborough accounted for a 48-year-old man’s sixth drunk driving charge, according to the Boston Globe. Boxborough police said the man was spotted by officers for having an expired inspection sticker on his pickup truck near Massachusetts Avenue just before 11 a.m. in late September.

When officers pulled the drunk driver over, they spotted an open beer bottle on the front-passenger seat of his vehicle. They also reported to have detected a strong odor of alcohol coming from the man and his vehicle. Officers administered several field sobriety tests, which the man failed. His blood alcohol concentration (BAC) reading clocked in at 0.09 percent, according to a news story on Boston.com.

Our Boston drunk-driving accident attorneys understand that any driver with a BAC of 0.08 or above is considered legally drunk in Massachusetts and nationwide. This is the legal limit because a number of studies have concluded that a driver is unable to drive safely under this level of intoxication. Drunk drivers pose serious threats to motorists on our roadways. When these individuals cause accidents, innocent individuals are injured or die. These accidents are completely preventable.

The drunk driver was charged with his sixth drunk driving offense. He was in the U.S> illegally, according to reports, and has since been deported, for the second time, to his home country of Mexico. He will no longer be endangering innocent motorists on our roadways.

Drunk-driving penalties in Massachusetts:

-First Offense:
-A fine from $500 to $5,000.
-Up to 2-and-a-half years in jail.
-A license suspension for a year.

-Second Offense:
-A fine from $600 to $10,000.
-Jail time from 30 days to 2-and-a-half years.
-A license suspension for two years.

In the state of Massachusetts, a driver is considered to be legally drunk if he or she returns a test with a blood-alcohol level of 0.08 or higher. Drivers who are under the age of 21 who are busted with a BAC reading of 0.02 or higher will face a number of administrative penalties in addition to the standard charges of a BAC reading of .08 or higher. Massachusetts practices a zero-tolerance policy with these young drivers and impaired driving.

You are given the opportunity to refuse to take a blood-alcohol test or a chemical breath test in the event of a traffic stop. If you do however, the officer you’re dealing with is authorized to take away your license on the spot.

According to the National Highway Traffic Safety Administration, there were nearly 11,000 people killed on U.S. roadways in 2009 because of drivers who were under the influence of alcohol. These accidents were so frequent that they accounted for nearly a third of all fatal traffic accidents across the nation during that year. Massachusetts witnessed nearly 200 traffic fatalities caused by an impaired driver in 2009.
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