Articles Posted in Drunk Driving in Massachusetts

Zombies may be on their second life, but at least one in New York is unlikely to get a another break from the judge.

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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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.

Authorities 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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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.

Defendant 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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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.

According 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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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.

Not 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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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.

Brent’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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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.

Phelps 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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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.

Defendant 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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According to a recent article from The Sacramento Bee, defendant may be suing her insurance company after a jury awarded $3.2 million to a woman who defendant hit and severely inured with her car during a drunk driving accident.

Defendant, who now resides in the female offender unit at Folsom prison, was convicted in 2012 on several felony and misdemeanor charges stemming from a nearly fatal drunk driving car crash for which she was responsible.

Evidence in her criminal case included a video recording from a traffic camera that showed defendant’s car drifting right while making a left turn. Defendant’s car then went over the curb and hit a pedestrian. The pedestrian’s head cracked the car windshield before she was thrown into the air.

When the injured pedestrian landed, she broke her back in several places, her wrist, leg, and most of her ribs. She also punctured a lung. After the accident, doctors determined that she had suffered a diffuse axonal traumatic brain injury (TBI) when her head hit the windshield. The victim is left with memory loss and an inability to balance herself. As our Boston attorneys who handle drunk driving accident cases understand, TBIs often involve extensive use of expert witnesses.

The victim’s boyfriend was with her at the time accident and appeared to be struck by the car and also received major injuries.
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