Articles Posted in Drunk Driving in Massachusetts

A 16-year-old teenager who caused four deaths when driving drunk recently avoided jail time when he pled “affluenza” as a defense to the criminal charges he faced for drunk driving. The teen’s psychologist testified in court that the young man had escaped consequences for his actions throughout his life because his wealthy parents never imposed restrictions on him. The judge agreed that the young man didn’t understand right from wrong and thus sentenced the teen to spend time in a very expensive rehabilitation facility away from his parents, rather than to jail time.

The verdict sparked outrage throughout the United States, with family members of the victims killed in the drunk driving accident expressing anger that the young man would not go to jail despite the damage he caused. The teen’s family, however, may not need to worry about affluenza for long because five civil lawsuits have been filed against the teen, his family and the family’s company. Victims are seeking in excess of $1 million in damages, and could collect personally from the family’s assets if their insurance coverage is not sufficient to pay for all of the losses and damage caused by the teen driver.
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In October of 2005, Melanie’s Law passed in the state of Massachusetts establishing rules for the use of ignition interlock devices. The law required Massachusetts to create an ignition interlock program by January 1, 2006. As a result of Melanie’s Law, drivers who have an Operating Under the Influence (OUI) conviction must have an ignition interlock device in their vehicle if they obtain a hardship license after a DUI conviction. Motorists with two or more drunken driving convictions are also required to have an ignition interlock device installed when they get their license reinstated after their suspension.

Our Boston drunk driving lawyers know that ignition interlock devices can help reduce the risk of repeat drunk driving offenses because the IID will not allow a driver to start his vehicle until he has submitted to a breath test. The ignition interlock device connects to the ignition of the vehicle and the driver must breath into the device before starting his car. If a BAC above .02 is detected, the car won’t start. The device will also require drivers to submit to periodic retesting while driving to ensure that the driver doesn’t have someone else take the test for him and that the motorist doesn’t drink while driving.

While an ignition interlock device can significantly reduce the chances of a drunk driving offender getting intoxicated and potentially causing an accident, IIDs are only effective if drunk drivers are actually made to use them. As a result, the federal government is now urging all states in the U.S. to require ignition interlocks even for first-time drunk driving offenders who were barely over the legal limit when they were arrested.
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A 39-year-old MBTA driver was involved in a recent alcohol-related accident when she reportedly slammed into a pedestrian near the JFK T stop. According to 7News, the driver slammed into a 86-year-old Chinatown resident and just kept going. According to court documents, the driver came back to the scene of the accident and admitted to hitting the pedestrian.

The driver was also charged with driving under the influence back in 2007 when she had her license revoked. It has since been reinstated. With the latest accident, she has been charged with negligent operation of a motor vehicle, leaving the scene of an accident causing property damage, leaving the scene of an accident causing personal injury, operating under the influence causing serious bodily injury and operating under the influence as a second offense. The driver was arraigned in Dorchester District Court. If she posts bail, she will have to remain alcohol-free and submit to random testing. A not-guilty plea was entered on her behalf, prosecutors said.

Our drunk driving injury attorneys understand that this woman has been a bus driver with the MBTA since 2003. Although she is currently on unpaid leave while the investigation is underway, it’s alarming that these kinds of drivers are allowed to be behind the wheel of our public transportation services.
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A grant-funded initiative throughout Massachusetts will be targeting drunk drivers through the holidays. According to MassLive, the Amherst Police Department is taking this enforcement seriously, launching one of the first campaigns.

“This holiday, we will show zero tolerance for those driving under the influence on the road. If you choose to drive drunk, we will see you, we will stop you, and you will be arrested,” said Chief Scott Livingstone with the Amherst Police.

Our injury attorneys in Amherst understand that the department has charged more than 150 people with driving under the influence in 2013 so far. Throughout the state, there were close to 115 fatalities resulting from drunk driving in 2011. For this enforcement campaign, and to help make our roadways a little safer for everyone, officers in Amherst will be patrolling the streets from December 13 through January 1.
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It’s one of the most joyous times of the year, but for many families it’s one of the most depressing, as it reminds them of one of the thousands of drunk-driving tragedies that have occurred during the holidays. With New Year’s quickly approaching, safe driving practices are on the minds’ of law enforcement officers across the state. According to the National Highway Traffic Safety administration (NHTSA), nearly 11,000 people die on the road each year due to drunken driving.

“Too often there’s an incorrect assumption that the drunk driving problem is solved. That couldn’t be further from the truth, as we continue to lose our friends and neighbors due to drivers drinking too much and getting behind the wheel,” said Governors Highway Safety Administration (GHSA) Chairman Kendell Poole.

Our Boston injury lawyers note in December 2010, more than 2,500 people lost their lives in car accidents, and about 30 percent of these crashes involved an alcohol-impaired driver. By that count, some 800 people will lose their lives in drunk driving accidents this month.

Too many believe that they’re okay to drive after just a few drinks, but that couldn’t be further from the truth. It’s important to remember that buzzed driving is drunk driving, and that’s why officials are asking you to take the pledge — to stay sober behind the wheel through the New Year.
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New Year’s is quickly approaching and with this holiday and the ringing in of a new year, we like to enjoy valuable time with friends and family members. These celebrations oftentimes involve alcohol, and that’s okay as long as driving isn’t thrown into the equation.

If you’re throwing a New Year’s Eve party, it’s critical to ensure that your guests are cared for properly. Liability for Massachusetts personal injuries that are caused by a person being over-served alcohol can stem from two separate types of situations — Dram Shop Liability and Social Host Liability.

Our injury lawyers in Boston understand that Social Liability Host is going to affect many Bostonians. This is in place to help to regulate personal get togethers and helps to regulate the liability of private individuals who may negligently serve alcohol to guests in their residence. When these guests are over-served and cause injury or death to third parties or even to themselves because of their intoxication, someone has to be held responsible. Another important factor in this law is serving to minors. Party hosts are also required to keep an eye on the ages of the individuals who they are serving.
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Boston law enforcement officers report that a 36-year-old woman has been charged with drunken driving after a recent car accident that left a 7-year-old girl dead in Dorchester. According to MassLive, the driver has been charged with homicide by motor vehicle while operating under the influence.

The accident happened shortly after 2:00 p.m. in Dorchester after officers received calls of two pedestrians struck by a passing motor vehicle. A 7-year-old was killed and an adult was injured.

Our Dorchester injuryt lawyers understand that intoxicated drivers are a serious and deadly threat — and too often its innocent victims who pay the price. Oftentimes, the people who are injured or killed in drunk driving accidents are occupants of other vehicles, pedestrians and bicyclists. And it’s a problem that’s only getting worse. According to Mothers Against Drunk Driving (MADD), more than 1.2 million drivers were arrested in 2011 for driving under the influence of alcohol or narcotics. During the same year, there were close to 250 children were killed in drunk driving crashes. Of those, 122 (close to 55 percent) were riding with the drunk driver. Nationwide, a motorist is killed in a DUI crash every 48 minutes. The annual cost of alcohol-related crashes totals more than $51 billion.
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A man from Lowell who already had two DUI convictions was recently arrested for a possible third charge of driving under the influence, even though his vehicle had an ignition interlock device.

According to My FOX Boston, the 46-year-old driver was pulled over in Pelham just after 1:00 p.m. after being reported slamming into a tree at the intersection of Simpson Mill and Hobbs roads. He was reported a number of times for driving “all over the roadway.” After being stopped by officers, it was clear that he was “highly intoxicated and very unsteady on his feet,” according to authorities. He was not only in possession of a number of empty alcoholic beverages, but also in possession of marijuana. He reportedly failed a number of sobriety tests, was arrested and is now facing charges of transportation of marijuana, possession of marijuana, conduct after an accident, aggravated driving while intoxicated as well as driving while intoxicated.

Our Boston drunk driving injury lawyers understand that this particular driver after convictions on driving charges in Lowell in 1984 and once in 2009 in North Carolina. This driver was instructed by courts to install an ignition interlock device on his vehicle under Melanie’s Law. In the state of Massachusetts, the law requires drivers to have these devices is they’ve been convicted of DUI multiple times.
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In a recent Reading drunk driving accident, a 71-year-old man was killed while stopped in the breakdown lane of Route 95 North. According to CBS Boston, a 32-year-old driver from Brockton faces charges of vehicular homicide.

Accident reports indicate that it is unclear why the elderly man was stopped in the breakdown lane. But he was struck by the intoxicated driver. The female driver was reportedly on her way home from work when the accident happened, but was unable to explain why she was in the northbound lane if she was heading back to Brockton. Although she claimed only to have had one beer, she failed a number of sobriety tests, according to auhtorities. She was held on $10,000 cash bail.

In the state of Massachusetts, there were close to 115 people killed in alcohol-related traffic accidents in 2011. These accidents accounted for about 40 percent of the total number of traffic accident fatalities throughout the year. More than 15 percent of these accidents involved drivers who had a BAC of .15 of higher, which is about twice the legal limit.
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With a new casino planning to make its home in the area, residents are concerned about the potential impact on drunk driving car accidents in Milford. According to The Metro West Daily News, casinos increase the risks of these deadly accidents. Foxwoods wants to build a resort casino in Milford that would be open 24 hours a day, 365 days a year, attracting approximately 7 million people each year.

In Ledyard, Connecticut, another Foxwoods casino is being blamed for a near 3 percent increase in the number of drunk driving accidents each year since the casino opened. And that city has about 10,000 fewer people than Milford. The city has a drunk driving rate more than 50 percent higher than the county, which might not be surprising consider the casino’s around-the-clock schedule.

Our Milford accident lawyers understand that casinos present greater risk for all travelers. This includes children. In Milford, there are 15 schools and close to 20 childcare centers within a 4-mile radius of the casino. Casinos have been introduced throughout the U.S. to spur economic development and generate tax revenue. Yet, casinos may also be associated with a variety of social ills. One issue that has not been empirically tested in the literature is whether there is a link between casino expansion and alcohol-related fatal traffic accidents.
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