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Sure, they call it the “drive-in,” but they don’t mean it literally. drivein

Police in Weymouth, Massachusetts say that’s what happened recently when a drunk driver crashed into a drive-in restaurant and then took off.

The collision occurred around 2:45 a.m. at Jenna’s Drive-In. The fire department first received word of a problem when a resident awoke to see a vehicle on fire in his front lawn. The resident rushed outside and spotted the driver, looking dazed still in the driver’s seat. The resident shouted to ask if he was Ok. The driver then reportedly “just took off” on foot. The resident said he tried to stop him, but was unsuccessful. Authorities found the 29-year-old walking along a road a short distance away.

He was charged with DUI (second-time offense), and operating under the influence without a driver’s license.

It’s estimated the collision caused some $2,000 in property damage, though thankfully, no one was injured. Continue reading

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Addiction can have a powerful hold on people, and it’s also often a driving force behind so many of the repeat DUI offenses that occur across the country. According to the National Department of Transportation, about one-third of all drivers arrested or convicted of drunk driving are repeat offenders. handcuffs2

Beyond harsher penalties within the criminal justice system, repeat DUI defendants in civil litigation are more likely to face punitive damages. There is a strong case to be made for punitive damages when a driver is accused of repeatedly violating state laws and jeopardizing the safety of innocent people. Punitive damages provide further compensation to the victim but are intended to punish the offender.

In Massachusetts, punitive damages generally aren’t available in personal injury cases, no matter how negligent the conduct or how bad the injuries. However, punitive injuries may be available if an individual or corporation engages in gross negligence or willful or wanton conduct that results in a death. This is because the Massachusetts Wrongful Death Act, M.G.L. c. 229, creates an exception to common law on the punitive damages issue.
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A few miles from downtown Boston lies Revere Beach, which was the first public beach in America.  As most people who live in Boston or the surrounding area know, while you probably wouldn’t want to go swimming there, and the beach actually has dirt with grass growing on it, many people like to go to Kelly’s Roast Beef in the early morning hours after hitting the bars.  For this reason and many others, Revere Beach is often the scene of drunk driving arrests and drunk driving car accidents.

sig-40-and-badge-158060-m-300x225Another reason that there are so many drunk driving arrests is that many alleged drunk drivers drive right past the Massachusetts State Police (MSP) barracks on Revere Beach Parkway while clearly intoxicated.  According to a recent news article from CBS Boston, a man was just arrested for drunk driving and other charges after he allegedly crashed into a MSP trooper who was outside of his cruiser to effectuate a traffic stop on another vehicle.  Continue reading

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According to a recent news feature from the Boston Herald, a defendant who was convicted of killing a sister and brother in a deadly hit-and-run car accident in Worcester has just been sentenced and could spend the next 11 years in a Massachusetts Correctional Institute (MCI).

rosesThe 31-year-old defendant had recently pleaded guilty to operating a motor vehicle under the influence of intoxicating liquor (OUI) and vehicular manslaughter.  The hit-and-run crash to which he pleaded guilty resulted in death of a 46-year-old man and his sister who was two years older than him.  The accident happened outside of the brother’s home.  At the time they were hit by defendant, they were taking groceries out of his car. Continue reading

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The 39-year-old victim in a serious drunk driving car crash in Weymouth is finally walking again with the assistance of a crutch.  The accident occurred in February, and at that time, doctors did not know if he would ever walk again. His total injuries included a brain hemorrhage, a dissected aorta, a heavily damaged liver, one broken leg, a shattered knee that had to be replaced, the destruction of his abdominal muscle to the point where it had to be replaced, and a shattered diaphragm, according to a recent news feature from CBS Boston.

traffic ticketHe was walking on the sidewalk when this horrific drunk driving crash occurred, and he was completely run over by the driver before the driver crashed into another car.  When police arrived, they investigated the cause of the nearly fatal car accident while EMTs attempted to stabilize the victim for transport. As part of the drunk driving investigation, they asked the driver of the car to perform a series of standardized field sobriety tests. He was said to have fallen on his face on the concrete while attempting to perform these sobriety tests. Police alleged that he was not only operating a motor vehicle under the influence of alcohol (OUI), but was also high on drugs at the time of the tragic car accident. Continue reading

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There is no question that this primary season has taken a different turn than any in recent memory.  Between Donald Trump, Hillary Clinton, Bernie Sanders, and members of both parties constantly making allegations against the other, there is no shortage of negative press on all sides.  One thing that Clinton probably wasn’t thrilled to see was that her brother-in-law, Roger Clinton, was again arrested, and this time it was for drunk driving in California.

shot-glass-1032719-mAccording to a recent news article from CNN, Roger Clinton was arrested over the weekend in Redondo Beach, California for driving under the influence of alcohol.  This arrest occurred just days before the California primary in which she was still in a battle with Sanders, who has pledged to take his fight to the convention. Continue reading

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According to a recent news feature from the Natick Patch, the Massachusetts State Senate is trying once again to pass a bill that would require an ignition interlock device for anyone convicted of drunk driving, and this includes first time offenders. While this sounds like an easy thing to accomplish, there is a lot more to it than one might initially think.

driving9There is currently legislation for repeat offenders to get ignition interlock devices, but this is a plan to greatly expand the current requirements.   First, it would probably be helpful to discuss what the device is before discussing the recent bills.  The device involves the installation of a breath-testing instrument near the steering wheel of the car.  In order to start the car, the driver must blow into the tube and have a score of zero before the car will turn on.  If the driver fails the test, his or her probation officer will likely be notified of the failure, and this can result in jail. Continue reading

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There is no question that a person who is under the influence of intoxicating liquor or drugs cannot safely operate a motor vehicle.  The National Highway Traffic Safety Administration (NHTSA) has performed extensive research and testing beginning mostly in the 1970s, and after decades of work, they have a fairly accurate idea of the physical and mental effects alcohol has on the human body.

mmsIFfoFor example, at certain levels of intoxication, a person will have blurred or double vision, difficulty concentrating, loss of motor control, poor decision-making, and many other symptoms.  When a person has enough alcohol in his or her bloodstream, there will be a loss of major functions and death can result.  However, while a person may be experiencing the effects of intoxication, they will generally lack the mental capacity to fully appreciate these effects due to the alcohol. Continue reading

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A recent news feature from Inc. is examining the effect of Uber and other ride-sharing services like Lyft have on reducing the number the number of drunk drivers on the roads and, moreover, the total number of drunk driving motor vehicle crashes. The reason they chose now do discuss this is issue is because Memorial Day is not only the unofficial start of summer, but it is also one of the worst times of year in terms of drunk drunk driving arrests and drunk driving driving fatalities.

one-car-key-1149771-mWhile the ride-sharing companies are frequently partnering with Mothers Against Drunk Driving (MADD) chapters across the country, and are boasting that their services are causing a large reduction in the total number of drunk drivers on the road, there is apparently very little statistical data or even research to support that position.  There is not evidence to the contrary, but in terms of actual numbers, it is being argued that we really have no clue about the overall impact of ride-sharing services and drunk driving accidents.  It seems that these claims are merely based on a common sense approach and an educated guess. Continue reading

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Every night in every bar or club in America, there is a good chance there is a person who has had too much to drink and is planning to get behind the wheel of a vehicle where they will be driving under the influence of alcohol.  While many people make this choice time and time again without giving much thought to the consequences, for those who suffer the consequences, they are often lifelong or even deadly.

beerAccording to a recent news article from ABC, the brother of drunk driving crash victim is speaking out with the help of Mothers Against Drunk Driving (MADD) to do whatever he can to stop people from drunk driving. This young advocate chose to speak out about one month after his brother was killed in a fatal drunk driving accident. Continue reading

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