Articles Posted in Drunk Driving in Massachusetts

Drunk driving car accidents result in serious personal injury or even death on a regular basis. Any accident involving child victims are particularly devastating. According to a recent report from Mass Live, a 59-year-old man in Hampden County has just been convicted for being involved in a drunk driving accident in which he hit three children, causing serious personal injury, some of which is considered to be permanent injury.

mHF4UJ4The defendant decided not to have trial before a jury and instead had a bench trial. In the Commonwealth of Massachusetts, a defendant is entitled to a jury as long as the potential penalties include at least one day in prison. In most cases, we would expect a defendant to always choose a trail before a jury when possible, however in some cases, where the alleged offenses involve emotionally charged issues such as child victims, it might be reasonable to choose a bench trial where a judge makes all legal rulings and also renders a verdict as to guilt or innocence. Continue reading

According to a recent news article from The Boston Globe, a 33-year-old suspect from Norwood, Massachusetts has been charged with various criminal offenses after he was involved in serious drunk driving accident in which one of his passengers was killed and the other suffered severe personal injuries.

prison-1431136-mAuthorities are still conducting their investigation into the cause of this deadly drunk driving accident, but they have formed the opinion that defendant ran a stop sign as he was driving west while another car was headed through the intersection from a cross street, and the two vehicles crashed into each other. Continue reading

According to a recent news article from People, a school bus driver in California was recently arrested on suspicion of drunk driving with 28 students on her bus. Authorities alleged the 24-year-old female driver was clearly and obviously intoxicated at the time of her arrest.

school-rules-1141363-mWitnesses say the bus driver was taking children home after school on Friday afternoon when her bus managed to get stuck on a small dirt road in a manner that was blocking all traffic. When authorities arrived to see what the trouble with the bus was, they say they immediately detected a strong odor of alcohol on her breath. Continue reading

Drivers have become aware of dangers associated with drunk driving thanks to decades of education and advocacy by groups like Mothers Against Drunk Driving. Unfortunately, while the DUI death rate due to impaired drivers has gone down, the number of people who drive under the influence of drugs is rising. Driving while drugged is often just as dangerous (or more dangerous) and just as illegal as driving while under the influence of alcohol. Unfortunately, motorists underestimate the risks and aren’t aware of how impairing it can be to operate a motor vehicle after consuming prescription or non-prescription medications.

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As medical marijuana legalization moves through more states in the U.S. and as baby boomers age and prescription drug use becomes ever-more common, lawmakers are grappling with how to establish and enforce DUI laws for narcotics use. However, motorists need to make a commitment now to staying sober and not getting behind the wheel when they’ve either drank too much or consumed drugs that cause impairment. To help encourage motorists to understand risks of impaired driving and to make the necessary commitment to staying sober, Ford has created a drugged driving suit.

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The time between Thanksgiving and New Year’s is historically the most dangerous period of the year in terms of serious drunk driving accidents and drunk driving fatalities. According to a recent news report from the Concord Patch, the town of Concord, Massachusetts has recently received a grant to increase drunk driving patrols this holiday season.

DUI checkpointSpecifically, this campaign is called “Drive Sober or Get Pulled Over” and the Concord Police Department will be part of an effort with 201 other law enforcement agencies trying to significantly reduce the number of drunk driving accidents this holiday season. Continue reading

In the Commonwealth of Massachusetts, the legal limit a driver’s blood alcohol content (BAC) when getting behind the wheel of motor vehicle is 0.08 grams of alcohol per hundred milliliters of blood. This is the legal limit across the United States due to the lobbying efforts of Mothers Against Drunk Driving (MADD) and others in support of cutting down on drunk driving fatalities in the nation.

beersTechnically, the United States federal government does not have authority to create a mandatory blood alcohol limit in each of the several states because of the 10th Amendment states rights provision. However, Congress does have a enumerated plenary power to tax and spend for the general welfare of the American people. It is the spending clause that allows for a national drinking age and a national blood alcohol limit. Congress can give highway-funding grants to the states as its members see fit. If they wish to tie receipt of federal highway funding grants to the state’s choice to institute a specific law, they have the right to do so without violating the 10th Amendment. This is how Congress was able to a pass a national BAC limit in an attempt to curb drunk driving accidents, including drunk driving fatal accidents, in the United States. Continue reading

A drunk driving car accident that results in a serious personal injury or a fatality is at its essence a civil personal injury lawsuit filed under a theory of negligence or wrongful death under negligence. The first element in any negligence case in the Commonwealth of Massachusetts is that the defendant owed a duty of care to the plaintiff. This means that defendant was obligated to act as a reasonable and prudent person to prevent foreseeable harm to foreseeable persons and property.

jail-979240-mGenerally speaking in our legal system, a person does not owe a duty of due care toward others unless he or she has a legal obligation, contractual obligation, or a fact-based obligation. Everyone who gets a driver’s license at the RMV in Massachusetts, or at the counterpart agency in their own states, most typically called a DMV, signs a document (usually electrically) in which they agree to abide by all traffic regulations and drive in a reasonable and prudent manner. This means everyone who has a drivers’ license has a generally duty of care toward all other drivers and pedestrians on the road. Continue reading

According to a recent news article from My Fox Boston, a 67-year-old driver from Norton, Massachusetts has been arrested and charged with motor vehicle homicide and operating a motor vehicle under the influence of intoxicating liquor or drugs (OUI) after allegedly making “intentional contact” with another vehicle.

mmsIFfoAuthorities are saying the driver intentionally hit another car near an exit along Interstate 495. After this impact, the suspect allegedly hit victim’s car again and fled the scene of the accident. When the second collision occurred, authorities say the vehicle rolled over on the exit ramp, killing the victim. Continue reading

According to a recent news report from ABC Boston, one man died in seven-car accident, which occurred early one Sunday morning in Stoughton. Massachusetts State Police troopers were first called to the scene of the deadly accident in response to a report that a pedestrian was hit by car.

774291_bar_1While it is still very early in their investigation, a spokesperson for the Massachusetts State Police said an older Acura was driving north on Route 24 when it crashed for a reason that is not yet know to authorities. As the car crashed, an occupant of the Acura was thrown clear of the vehicle and then was hit or run over by six cars in a row. The victim was 21 years of age at the time of this fatal traffic crash, and he was from Brockton, just south of Boston. Continue reading

According to a recent news article from the Morning Sentinel, a Massachusetts man was arrested for driving a stolen motor vehicle while drunk and then crashing.   Authorities say the 34-year-old defendant was heading northbound when another driver on the same road noticed he was driving in an erratic manner.

mPIXIhIThe other motorist called 911, because he was concerned about defendant possibly causing a serious car accident, based upon how he had been driving. A sheriff’s deputy responded to the dispatch, but by the time he located the suspect, the suspect had allegedly crashed. When the deputy arrived at the scene of the crash, he reports to having seen the suspect unloading things from the disabled vehicle and loading them into another car. Continue reading

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