Drunk driving is a crime, and in some ways it is like any other crime. However, there are several things that separate drunk driving from other crimes. One of these things is that many drunk drivers do not have a past criminal record. Even though drunk driving is dangerous and can and does result in deadly car accidents, the average drunk driving offender is not exactly a career criminal.
However, when a first-time drunk driver gets convicted of drunk driving, one would expect that he or she would learn his or her lesson and never do it again. This does not seem to be the case, as drunk driving has one of the highest recidivism rates year after year.
It is for this reason that, as our Boston drunk driving accident attorneys have seen all too often, many car accidents involve repeat operating under the influence (OUI) defendants.
According to a recent article from Wicked Local Braintree, a Boston man was just arrested for a repeat offense OUI. Authorities say the suspect was found asleep behind the wheel of a stopped car in a traffic rotary. When police approached the car, they found the 53-year-old suspect in his car and immediately suspected he was under the influence of alcohol. Police said they believed he was sleeping in the car with his foot pressing the brake pedal, and the engine was still running.
Officers knocked on the window several times before the man responded to them. Officers then alleged the car began to roll forward, but the suspect was able to put it in park before there was a serious drunk driving accident. The suspect was able to speak with officers, and, after their conversation and additional observations, they placed the suspect under arrest for operating a motor vehicle under influence of intoxicating liquor or drugs. Upon reviewing the man’s criminal record, or Board of Probation (BOP) as it is called in the Commonwealth of Massachusetts, they determined he had a prior drunk driving conviction on his record and charged this as OUI second or subsequent offense. It should be noted that this suspect has not been convicted of any crime in connection with his recent drunk driving arrest and is presumed innocent unless and until he is proven guilty beyond a reasonable doubt in a court of law.
One additional issue that often comes up in a drunk driving car crash that involves a repeat offender is that there is a decent chance the drunk driver did not have a driver’s license. If a person who is at-fault in a car accident does not have a driver’s license, there is a decent chance he or she does not have liability insurance, since insurance companies typically run a driver’s abstract before issuing coverage. However, if someone else owned that car, and that person had insurance, this may alleviate much of the problem. Even if the person did not have car insurance, and the car was also uninsured, you may be able to collect under what is known as the Uninsured Motorist (UM) coverage sold as part of your own auto insurance policy.
If you or someone you love has been injured in a Boston drunk driving accident, call for a free and confidential appointment at (617) 777-7777.
Boston man charged in Braintree with repeat drunk driving, September 28, 2015, Wicked Local Braintree
More Blog Entries: Report:
Massachusetts is Mid-Level on Drunk Driving Prevention, June 19, 2015, Boston Drunk Driving Injury Lawyer Blog