The Commonwealth of Massachusetts is now the only state in the U.S. where individuals convicted of a first-time offense of operating under the influence of alcohol cannot be subjected to interlock ignition devices before their car keys are returned. Boston drunk driving accident attorneys understand a number of traffic safety activists are trying to change this.Boston drunk driving injury lawyer

Among those involved are AAA Northeast and Mothers Against Drunk Driving (MADD), who have for years been pushing lawmakers to expand ignition interlock device usage. These machines, required of repeat OUI offender in Massachusetts since the 2005 passage of Melanie’s Law, which enhanced numerous penalties for drunk driving.

Per MGL 90, § 24, and MGL 90 § 24 ½, ignition interlock devices are to be installed – and paid for – by individuals convicted twice or more of operating under the influence, either when they are eligible for license restatement following their revocation/suspension OR during their revocation/suspension if they qualify for a condition hardship driver’s license. The latter is only good for 12 hours daily throughout that time.

The devices require the driver to provide an alcohol-free breath sample before the vehicle will start. If the individual tests positive for alcohol over a certain point, the ignition “locks” and the vehicle won’t start. The device also records the number of failed breath tests, which can be submitted to a judge and used as evidence against the driver if a condition of probation or parole is that the individual not consume alcohol.  Continue reading

The head of the Massachusetts Registry of Motor Vehicles resigned this week after revelations that the department should have already suspended the commercial driver’s license of the man responsible for killing seven motorcycle riders in a horrific crash last weekend.

The car hauler he was driving collided with a group of motorcycle riders who were veterans and members of the Marine Jarheads motorcycle club enroute with their spouses to a nearby fundraiser. The defendant, a 23-year-old Springfield truck driver, has pleaded not guilty to seven counts of vehicular homicide.

Massachusetts Transportation Secretary Stephanie Pollack announced the resignation of Erin Deveney, registrar of the Massachusetts RMV, effective immediately after revelations the trucker was able to keep his Massachusetts commercial operator’s license, despite a history of serious traffic infractions, including a drunk driving arrest last month in Connecticut. Even more recently,  WCVB-TV reported Tuesday, he was involved in a June 3 rollover crash on an interstate in Texas. He also was arrested for drunk driving in 2013, and had his license suspended.

Boston is among the cities with the highest number of convicted drunk drivers on the roads, according to a new study by the insurance industry.

The report by QuoteWizard found Boston has the second highest number of drivers with drunk driving convictions of any city in the United States.

While it might sound like good news, and evidence of tough enforcement, our drunk driving injury attorneys in Boston know the number of drunk driving arrests only serves to illustrate the true extent of the problem. Most people convicted of drunk driving have previously driven drunk at least 80 times.drunk driving injury

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May is graduation season and is often a time of great joy and family gatherings.

Don’t let irresponsible use of alcohol or drugs turn the season into a tragedy. graduationsafety-300x119

There are more than 100 high schools in Suffolk, Norfolk, Bristol, Plymouth and Middlesex counties. And the Boston area is home to more than 50 colleges and universities, including Boston University, Harvard, and the Massachusetts Institute of Technology.

Our drunk driving injury lawyers in Boston urge parents and party hosts to take seriously the responsibility of safe hosting this graduation season. While additional liability can result from serving alcohol to those under age 21, even those hosting graduation parties for college students can face significant liability when an intoxicated guest causes injury, whether as a result of a motor-vehicle collision, assault or by other means.

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It is the most dangerous time of the year on the roads for young drivers, and alcohol is a factor in a significant number of these crashes.

From spring break until the end of graduation season, teenagers and young adults will be celebrating newfound freedoms, hitting the road with friends, and attending parties and family gatherings. Our drunk driving injury lawyers urge parents and friends to reduce the risk of tragedy by talking openly to young people about the dangers of driving intoxicated, and by being a proper role model. ambulance-300x201

And it’s not just alcohol that is cause for concern. As we’ve reported, the opioid crisis and increasingly permissive marijuana laws continue to increase the risk of a collision with a drugged driver. The Spring Break season began with an editorial in the Boston Herald that suggests drugged driving is now as serious a problem as drunk driving.

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Gov. Charlie Baker is recommending adoption of a state panel’s recommendation of a series of efforts to combat drunk driving. The measures target marijuana specifically, and would revoke a driver’s license for refusal to submit to testing when suspected of driving under the influence of marijuana.beerbottles-300x206

The commission, which included law enforcement, defense attorneys and civil rights activists, made 19 recommendations in response to passage of the 2016 ballot initiative that legalized recreational marijuana. Our Boston injury lawyers have written about the increasing risk of traffic collisions with intoxicated motorists under the influence of a substance other than alcohol. Such risks continue to increase because of relaxed marijuana laws and the opioid epidemic.

Recommendations include more drug-intoxication training for officers and changes aimed at better enforcement of marijuana possession and open-container laws.

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Our drunk driving injury lawyers in Massachusetts are following legal efforts aimed at drunk drivers across New England as the 2019 legislative session begins in earnest.

Massachusetts ranks in the middle of the pack, placing 22nd in a scoring of legal efforts in all 50 states to reduce the risk of drunk driving collisions. And, while the Commonwealth ranked 13th when it comes to criminal penalties for violators, we ranked just 44th in the nation when it comes to prevention efforts, only Iowa, Montana, Idaho, and North and South Dakota Ranked worse. When it comes to criminal penalties, Massachusetts got relatively high marks for felony DUI prosecutions and life-time look-back when it comes to taking into account previous drunk driving convictions. However, no mandatory minimum sentences for first time offenses and a relatively short 90-day administrative license suspension reduced our score.beers

Washington D.C. tied for dead last when it comes to prevention efforts, the consequences of which are becoming apparent. WJLA News in Washington, D.C., reports the number of drunk-driving deaths is on the rise in the nation’s capital, despite fewer drunk-driving crashes being reported to police. Despite fewer crashes, the number of deaths increased dramatically, from 59 in 2016 to 86 in 2017. In many cases, enforcement statistics are a measure of enforcement efforts.

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CBS4 Boston rang in the new year by asking why Massachusetts does not have tougher drunk driving laws.

It’s a fair question and an admirable focus as we enter 2019.

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As we reported earlier this fall on our Boston Drunk Driving Accident Lawyer Blog, relaxed marijuana laws and the opioid crisis have increased the risk drivers will be involved in a traffic collision with an at-fault driver impaired by drugs.

In response, Massachusetts launched a statewide campaign in December to target stoned drivers. Massachusetts has 155 officers certified as drug recognition officers and 1,402 trained in advanced roadside impaired driving enforcement, according to the Massachusetts Executive Office of Public Safety and Security, which is also providing funding to 139 local law enforcement departments for stringent impaired-driving enforcement efforts that will include sobriety checkpoints and increased patrols at high-incident locations.

In Massachusetts, more than 800 drivers were cited in 2018 for driving under the influence of drugs, Channel 22 News reported.

The risks are particularly high this week. Both Christmas and New Year’s Day are among the five most dangerous holidays for traffic accidents, according to the American Safety Council. Increased enforcement is scheduled to run through Jan. 1.

But it’s what we do as a state in 2019 that will have an ever greater impact on road safety.

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‘Tis the season for holiday parties.

Whether you are out enjoying the season with friends and family, at your company holiday party, or entertaining guests at a restaurant or in your home, we urge you to celebrate responsibly. Not only can you help prevent a holiday tragedy, you will also reduce your chances of being found responsible for accident or injury, particularly in cases where alcohol is involved.christmas-300x225

In recent years, particular emphasis has been placed on employer liability for employee conduct at company holiday parties.

The American Bar Association notes an increasing number of cases nationwide involve traffic collisions or other injury that occurs after a holiday party. In 2013, the ABA even published “The Little Book of Holiday Law,” to address many of the issues around holiday parties and social host liability.

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More traffic collisions are occurring in states that have relaxed marijuana laws.

The National Transportation Safety Board reported this week that drug-impaired driving is on the rise across the country, and has been blamed for several high-profile incidents, including a crash last year in which authorities report a 20-year-old man crashed his truck into a church bus while under the influence of marijuana and a sedative. Twelve people on the bus were killed.marijuana-plants-225x300

CBS Boston reports a 2017 study found an overall increase in car crashes in states that have legalized recreational marijuana. Researchers estimated the frequency of collision claims per insured vehicle year, controlling for differences in other factors that could contribute to an accident, including age, location, job status and weather, and still saw an increase. A second study released this week at the  Alcohol- and Drug-Impaired Driving summit at the insurance institute’s Vehicle Research Center, also found an increase of more than 5 percent in the number of traffic collisions.

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