Josh Brent Back in Cowboys' Active Roster for First Time Since Fatal Drunk Driving Accident

In December of 2012, Dallas Cowboys' running back Josh Brent was behind the wheel during a fatal drunk driving car crash that killed friend and teammate Jerry Brown. In January of this year, Brent, who tested nearly two times the legal limit of .08, was sentenced by the judge to 180 days in jail followed by 10 years of probation.

football-3-399836-m.jpgAccording to a recent news article from ESPN, Brent spent nearly five months in jail and then 45 days at an alcohol and drug rehabilitation center before being released back into the community to start his probation. The Dallas Cowboys have reactivated Brent, and he is eligible to play for the team again after sitting out a 10-game suspension imposed by the NFL.

Brent says his goal in returning was to make sure Jerry Brown's death was not in vain. He also said that Brown was a great player and had a great future in the NFL before being killed in the drunk driving car accident.

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Passenger Killed in Hyde Park Alcohol-Related Rollover Accident

Riding, as a passenger in a car with a drunk driver behind the wheel is very dangerous, yet people do it all the time. According to a recent news article from the Boston Herald, a man from Walpole was involved in a fatal rollover car crash in Hyde Park in which his female passenger was killed.

car-accident-5-332864-m.jpgAuthorities are reporting driver was operating a 2003 Honda Accord at 2:30 a.m. when he lost control of his vehicle. His car rolled over and came to stop just before a major intersection. The female passenger was pronounced dead at the scene, while driver was taken to Brigham and Women's Hospital in Boston to be treated for injuries before being taken to court for arraignment.

Prosecutors have indicated they intend to charge driver with operating under the influence (OUI), leaving the scene of personal injury (hit-and-run) and homicide while drunk driving. He was also cited with speeding and other traffic offenses.

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Woman Killed by Alleged Hit-and-Run Driver in Brockton

Hit-and-run drunk driving accidents that result in serious injury or death cause victims and family members enormous grief. Not only must aggrieved parties cope with the pain and loss caused by the crash, but then there is the added frustration of elusive justice.

police-on-the-scene-1172422-m.jpgAccording to a recent news report from WCVB 5 Boston, a pedestrian was struck and killed by a suspected drunk driver in Brockton. The at-fault driver reportedly fled the scene.

Authorities report the fatal accident occurred late at night.

EMS workers rushed the victim to the hospital where she was immediately taken into a surgical intensive care unit and then placed in critical care. Sadly, she soon died from her injuries related to the suspected alcohol-related hit-and-run car accident.

In cases like these, it should be weighed whether at-fault driver's failure to stop and render aid (i.e., call 911) delayed emergency response to a degree it might have cost victim his or her life.

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Two Massachusetts Families Create Foundation to Curb Drunk Driving

Drunk driving laws have gotten tougher over the years, but some say they aren't yet as tough as they need to be. According to a recent news feature from ABC40, two families are fighting for lawmakers in Boston to increase the penalties again.

921217_crashed_car.jpgLast year, a young couple was driving home from a wedding. The male half was allegedly three times over the legal limit of .08 percent blood-alcohol content when he crashed into a tree, killing his passenger. In another case, two years earlier, another young man was killed by a drunk driver.

Families for both victims are pressing legislators to do more to prevent such tragedies, and to hold accountable the perpetrators. Defendants in both cases are serving three-to-five-year prison sentences. Both families say that they were told by prosecutors the defendants would likely only serve a full year or two of their sentences, at most.

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"Zombie" Arrested for Two DUIs on Same Night

Zombies may be on their second life, but at least one in New York is unlikely to get a another break from the judge.
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According to recent article from ABC Eyewitness News, police in New York arrested the same woman, dressed as a zombie, twice in the same night for the same offense - drunk driving.

Authorities reported the 26-year-old driver was pulled over by police for driving without headlights on her way home from a local Halloween party. During this arrest, she is alleged to have tested at 0.11 percent blood-alcohol content (BAC) on a breath test machine.

After being processed and then released from the police station, a friend picked her up to take her home. About three hours later, she was pulled over a second time. This time she allegedly blew a .09 percent BAC, which is still over the legal limit of .08 grams of ethanol per 100 milliliters of blood.

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Massachusetts School Bus Driver Arrested for DUI in Bus Carrying High School Students

When we send our kids on the school bus, we expect the driver to operate the vehicle in a safe and responsible manner. That may not always be the case. According to a recent news article from the Boston Globe, a school bus driver was arrested for allegedly operating a bus under the influence. At the time, the vehicle was carrying a high school track team home from a cross-country meet on Cape Cod.

school-rules-1141363-m.jpgAuthorities report a a coach on the bus became concerned when the vehicle was randomly speeding up and slowing down and weaving off the road and hitting the rumble strips. The driver allegedly ran red lights and took the wrong exit off the highway. The coach used his cellphone to call police.

After police pulled over the bus, the driver failed sobriety tests and refused to take a breathalyzer. The police arrested driver on charges of operating under the influence (OUI), negligent operation of a motor vehicle, child endangerment, and OUI Third Offense.

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Man Turns in Mom in Alcohol-Related Hit-and-Run Crash

According to a recent news article from the San Francisco Gate, a man turned in his own mother to police, connected with her alleged involvement in a drunk driving hit-and-run car crash. Police are reporting that the accident occurred around five in the afternoon.

1377498_smart_phone_icon.jpgDefendant is alleged to have sideswiped a man driving a 1939 Ford Cabriolet causing the vehicle to spin out of control. A witness called the local police and said he had been following the suspect's vehicle and that that the driver was his mother.

Approximately an hour after the alcohol-related car crash, authorities arrived at defendant's home and saw a car matching the suspect's car that had sustained damage. Defendant admitted to hitting the other driver but said that she left the scene because she thought the other car kept driving as well.

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Massachusetts Man to Plead Guilty in Fatal Drunk Driving Car Accident

Drunk driving car accidents can have fatal consequences for others on the roads or sidewalks, as well as the driver and passengers in the car.

jail-979240-m.jpgAccording to a recent news article from ABC 40, a Springfield, Massachusetts man is expected to plead guilty next month to a fatal alcohol-related car crash. Prosecutors are reporting defendant was driving drunk last December when he hit a pickup truck.

The 71-year-old driver was killed in the car crash, as was the three-year-old daughter of defendant, who was in his car at the time of the accident.

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Massachusetts Man Charged with Driving Drunk While Beating Mother of His Children

According to a recent article from My Fox Boston, a man was arrested in Pittsfield for allegedly beating and threatening the mother of his children while driving drunk. Prosecutors are saying that defendant had passed out drunk at friend's house and the friend had called defendant's girlfriend to pick him up and take him home.

12754_hand_cuffs.jpgAt first, defendant's girlfriend was driving while the man allegedly choked her. When she pulled the car over, authorities say he got into the driver's seat and drove over 70mph while repeatedly punching the victim in her face. When defendant slowed the car down, she managed to jump from the still-moving car and call the police.

Defendant was charged with Operating Under the Influence (OUI) of alcohol and assault and battery. Defendant's attorney has stated that there are credibility issues with the complaining witness and that she had no visible marks from the alleged assault.

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Massachusetts Police Worry about Driving Under the Influence of Marijuana

Across the United States, state and local governments seem to moving toward the decriminalization or legalization of marijuana. One concern of the police and others against legalization is that there would be a corresponding increase in the number of people driving under the influence of marijuana.

dutch-weed-2-jpg-1206038-m.jpgAccording to a recent article in the Worchester Telegram, the Massachusetts Chiefs of Police Association and its membership share these concerns. One major issue is that, unlike drunk driving, driving under the influence of marijuana is much more difficult to prove.

Field sobriety tests are designed to detect drunk driving. The National Highway Traffic Safety Administration (NHTSA) developed the three standardized tests now approved for use in DWI and DUI detection, but these tests are not effective for drivers suspected of being on drugs.

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Massachusetts State Police Arrest Drunk Driver Who Crashed after Driving Wrong Direction

There are some people who regularly drink alcohol to the point of intoxication and then get behind the wheel of a car. While it may seem like a normal thing for some, driving a 2,000-pound vehicle while drunk is actually one of the most dangerous things imaginable.

wrong-way-sign-232552-m.jpgNot only is the drunk driver taking a risk of hurting himself or herself, it is risk taken on behalf of others without their knowledge or consent. Each year, across the nation and in the Commonwealth of Massachusetts, lives are ruined and lost due to drunk driving car crashes.

According to recent news story from the Boston Globe, police were called to the scene of accident caused by a drunk driver. Authorities are reporting that the suspected drunk driver was driving his motor vehicle in the wrong direction of the highway when he crashed into another car.

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NFL Commissioner Discusses Sanctions Against Josh Brent for Fatal DUI Accident

According to a recent news article from NBC Sports, NFL commissioner Roger Goodell consulted with Mothers Against Drunk Driving (MADD) representatives before issuing a 10 game suspension to defensive tackle Josh Brent.

451055_football_american_texture.jpgBrent's suspension was related a 2012 drunk driving car crash that resulted in the death of his Cowboys teammate, Jerry Brown. The suspension means that Brent cannot participate in any team activities or even begin practicing until week nine of the regular season. If he is involved in any other prohibited alcohol-related incidents, including drunk driving, he will not be allowed to return to the NFL.

Goodell said that the length of the suspension was chosen after speaking with experts, including those from MADD. It was important for Brent to understand just how serious his actions were and that any future drunk driving will not be tolerated. Though Brent has decided to appeal the suspension, Goodell said Brent understands the reasoning behind the decision.

This NFL sanction is in addition to the criminal penalties imposed on Brent after he pleaded guilty to charges in connection with the drunk driving related death of his teammate, which included 180 days in jail and ten years of probation.

As our attorneys in Boston who regularly represent victims of drunk driving accidents understand that people often fail to consider the true impact their decision to drink before getting behind the wheel can have on families. Most of the public interest campaigns focus on the fact that you can go to jail for drunk driving, but to the victims of alcohol-related accidents, the effects can be devastating.

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Michael Phelps Arrested for DUI

Olympic gold medalist swimmer Michael Phelps captured the collective attention of the nation during the 2008 Summer Games. More recently, he has found himself back in the spotlight after being arrested on suspicion of drunk driving for the second time.
According to a recent news article from CNN, Phelps was arrested in Baltimore just before 2:00 a.m. and charged with driving under the influence (DUI), excessive speed, and failure to stay in the appropriate lane.

swimmers-725332-m.jpgPhelps posted a response to the breaking news on his Twitter account, stating that he knows the severity of his actions and that he is deeply sorry to anyone he has let down.
Authorities have explained that Phelps was caught on a stationary radar speed detection system traveling almost 40mph over the posted speed limit. A police officer followed Phelps onto the interstate and pulled him over just after a toll plaza.

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Tennessee Man Threatens to Join ISIS after Drunk Driving Hit-and-Run Arrest

According to a recent news article from the Daily News, a man arrested on suspicion of drunk driving in Tennessee allegedly threatened to join the terrorist group ISIS and kill the police officer as his first victim.

12754_hand_cuffs.jpgAuthorities say that defendant pulled into a gas station with a car with a broken windshield that had obviously been in an alcohol-related car crash and vomited on his pants. Defendant allegedly smelled strongly of alcohol and could barely stand beside his vehicle as police arrived.

Defendant was asked to perform some field sobriety tests but was stopped when asked to do the walk-and-turn and one-legged-stand tests.

After being placed under arrest for Driving Under the Influence (DUI), assault, leaving the scene of accident (hit-and-run) and driving without a license, the man was seated in the back seat of the police cruiser when he allegedly made the threats to the arresting officer. As noted in the article, if he was serious about his threats, he will have wait until he is released from jail before taking any action.

Boston drunk driving injury lawyers know hit-and-run cases and cases involving drivers who are unlicensed pose more challenges than a typical alcohol-related car accident lawsuit.

The reason these cases are more complex is that, in the case of a hit-and-run, if police do not find the driver, it may be impossible to serve that person with a civil complaint and make him or her a defendant in the lawsuit. In the case of a driver who does not have a license, it is likely that he or she does not have car insurance, since auto insurance companies require proof of license and driving history before offering coverage.

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Defendant Pleads to DUI Homicide in Worcester

According to a recent news article from WLLP News, a man pleaded guilty to charges involving a deadly drunk driving car accident in Worcester. Prosecutors stated defendant, of Berkshire County, ran a red light in Worcester County when he was driving late at night and broadsided a pickup truck driven by a 48-old-man from the Boston suburb. The victim died as a result of injuries sustained in the crash.

jail-979240-m.jpgDefendant was charged with Operating Under the Influence (OUI), Operating a Motor Vehicle under the Influence of Intoxicating Liquor or Drugs involving a Homicide, and manslaughter. In exchange for his plea of guilty, the manslaughter charge was dismissed, and defendant received a sentence of up to six years in a Massachusetts Correctional Institution (MCI).

As our drunk driving accident lawyers in Boston can discuss, a civil suit must be filed within the applicable statute of limitations, so that it is not time barred. However, when there is a pending criminal case against the driver who is alleged to have caused the accident, it is likely that the civil case will be stayed (put on hold) until the criminal matter has been resolved.

The reason for this is that a criminal defendant has an absolute right to remain silent pursuant to Miranda v. Arizona and the Fifth Amendment privilege against self-incrimination (PASI). In a civil case, the plaintiff's attorney can require the defendant to answer written questions known as requests for admissions, answer interrogatories, and require that he or she answer oral questions at a deposition.

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