Articles Posted in Drunk Driving in Massachusetts

According to a recent investigation conducted by The Boston Globe, nearly 90 percent of cases regarding drunk driving accidents in Massachusetts and other related convictions in the state never make it to court. What the investigation concluded is that most drivers facing drunk-driving charges plead out, pay some fines, temporarily lose a license or complete some mandatory alcohol education course. These alternate sentences apparently aren’t doing the job in reducing the risks of alcohol-related accidents as they’re still far too common in our state.

Of the 10 percent or so of cases that do end up in court, most are heard by a judge instead of a jury. In these cases heard by a judge, another 80 percent of them are thrown out. As a matter of fact, our state has the highest acquittal rate in the country. On a national average, judges throw out about 50 percent of all drunk-driving cases. Not in Massachusetts. We’re seeing a near 90 percent acquittal rate.

Our Massachusetts drunk driving accident lawyers understand that some drunk drivers are walking out of the courtroom free of any and all penalties. How is that supposed to teach a lesson and help to reduce the risks of drunk-driving accidents in the state? What we need is tougher laws, tougher penalties and stricter enforcement for those who are convicted with drunk-driving charges.

In the state of Massachusetts, we have Melanie’s Law that offers tougher penalties for drivers who have more than one drunk-driving charge. Under Melanie’s Law, certain drivers are required to install an ignition interlock device in their vehicle. This device stops them from starting the vehicle if it senses an illegal amount of alcohol in the driver’s system. While many states have this law in effect for first-time offenders, Massachusetts’ law is still only handing them out to repeat offenders. What’s even worse about this lack of punishment is that many of these repeat offenders aren’t even getting the proper sentences and they’re let off without the worry of an ignition interlock. They’re let loose on our roadways with no device to help change their habits.

Current 1st Offense Massachusetts DUI Laws, according to DrivingLaws.org:

-To be charged with drunk driving, a driver under the age of 21 may not return a blood alcohol concentration (BAC) reading of .02 or higher. A driver who is 21 or older may not return a BAC of .08 or higher. A commercial driver isn’t allowed to return a reading of .04 or higher.

-No minimum jail term required, but offenders can serve up to 30 days behind bars.

-A license suspension of 180 days for refusing to take a chemical test.

-Various fees and fines from $500 to $5,000.

-Fine: $250 Assessment.

-Fine: $50 DUI Victim Trust Fund.

-License suspension: 1 Year.

-Court assigned treatment program.

Unfortunately, these laws and sentences are merely like recommendations for judges as they’re not often used to punish drunk driving offenders.
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The U.S. Senate recently passed Moving Ahead for Progress in the 21st Century (MAP-21), a program used to help reduce the risks of drunk-driving car accidents in Roslindale and elsewhere. Included in MAP-21 is the ROADS SAFE Act and $12 million in funds to help researchers in creating, testing and developing in-vehicle technologies to help stop drunk driving. Technology currently in development is the Driver Alcohol Detection System for Safety (DADSS). The device is being worked on by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety. The technology is designed to stop drivers who are intoxicated from getting in the car and turning the key. Mothers Against Drunk Driving (MADD) recently announced its approval and excitement for this passage and asks other lawmakers to hop on board in the journey to safer roadways across the country.

“MAP-21 represents an historic opportunity to advance highway safety in America,” said MADD National President Jan Withers. “MADD calls on the House to pass similar legislation that could truly eliminate drunk driving.”

Our Massachusetts drunk driving accident attorneys understand that MAP-21 comes with some of the strongest safety provisions we’ve seen yet. These provisions just might be able to help reduce the number of drunk driving-related fatalities that we see every year. Even though the number of these kinds of fatalities has been cut in half since MADD started nearly 30 years ago, our country is still losing far too many motorists in these completely preventable accidents.

One of the most important provisions in MAP-21 is the incentive program that’s offering federal funds to states that take on tougher drunk-driving conviction penalties. Lawmakers are hoping to get every state to launch all-offender interlock programs. This means that all drivers with a drunk-driving conviction would be required to install an ignition interlock device into their vehicle. States that already have this kind of law have seen more than a 50-percent reduction in these fatal alcohol-related accidents, according to the Insurance Institute for Highway Safety (IIHS).

MAP-21 is also encouraging the nation to stay on top of its high-visibility crackdown efforts. A number of studies have illustrated that these kinds of efforts do in fact have an impact on our roadway safety. Higher enforcement equals less dangerous drivers. MAP-21 will be continuing to fund national campaigns like the Drive Sober or Get Pulled Over campaign and the Click It or Ticket campaign.

If you remember the study about the 25 Drunkest Cities in the United States then you remember that Boston took the number one spot in 2011. With these kinds of numbers against us, it’s important for government officials to focus on drunk driving and the dangers it poses in our area. MAP-21 may just be able to provide the resources that we need to focus on this danger.
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Officials with state, county and city law enforcement agencies are sending a message to drivers this St. Patrick’s Day — Officers are out and they’re looking for you, if you’re drinking and driving.

This shouldn’t be that difficult, just stay out from behind the wheel after guzzling down green beer — the Massachusetts Bay Transportation Authority (MBTA) is helping to offer more rides than ever for St. Patrick’s Day celebrators. As we recently discussed on our Boston Drunk Driving Accident Lawyer Blog, the National Highway Traffic Safety Administration (NHTSA) reports that almost half of all car accidents that happen on St. Patrick’s Day involve a drunk driver.

A drunk driver is someone who returns a blood alcohol concentration (BAC) level of .08 or higher. Aside from the drunk driving car accidents, there are countless more alcohol-related accidents, meaning a driver returned a BAC level of anywhere between .01 and .07.

“The aim is not to kill the party, but to make sure that the party does not kill,” said Newburyport County Attorney Jim Reams.

Officers are also targeting Middlesex County drunk driving car accidents. According to the Middlesex Patch, officers in this county are joining police around the state to conduct a number of sobriety checkpoints during St. Patrick’s Day and well into the day after. Officers warn motorists to expect to be stopped during this enforcement period.

“The purpose is to further educate the motoring public and strengthen the public’s awareness to the need of detecting and removing those motorists who operate under the influence of alcohol and/or drugs from our roadways,” said the Superintendent of the Massachusetts State Police (MSP), Colonel Marian J. McGovern.

The NHTSA is also sending warning messages to drivers across the country, reminding them that getting busted for driving under the influence can be costly. A drunk driving conviction can cost up to $10,000 in court costs, legal fees and increased insurance rates.

Here are Six Tips from the NHTSA to Help You to Prevent Buzzed Driving:

-Post the Administration’s new St. Patrick’s infographic on your blog, website or Facebook page.

-Designate a sober driver before you head out drinking.

-If you’ve been drinking and you’ve found yourself with no designated driver, use public transportation, call a friend or family member, call a taxi or get a hotel room. Just make sure you have a sober ride if you’re going to go anywhere.

-Use your area’s sober ride program. Programs in Massachusetts can be found on the Buzzed Driving is Sober Driving‘s facebook page.

-If you see a driver on our roadways who you think is under the influence of alcohol, contact authorities immediately.

-Keep in mind that even buzzed driving is considered drunk driving. Keep an eye on your friends and family members. Share this message with them and help to keep them off of our roadways if they’ve been drinking.

Checkpoints throughout the state are possible through grant money provided by the Highway Safety Division of the Massachusetts Executive Office of Public Safety and Security. Go out and enjoy the St. Patrick’s Day holiday, but please do so safely!
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After less than a year of being able to consume alcohol legally, a 22-year-old driver is facing charges of drunk driving after a Massachusetts car accident. The Friday night accident happened in Burlington and left the intoxicated driver’s passenger in critical condition at Lahey Hospital. According to the Merrimack Patch, the driver was last reported to be sitting in Essex County Jail waiting for his arraignment. He’s facing charges of operating a vehicle under the influence of alcohol, marked lanes violation, operating under the influence of drugs and negligent operation.

The accident happened just before midnight when state troopers from Andover and Concord responded to a number of phone calls that reported a crazy driver in Chelmsford along Route 3 North. As troopers searched for the reported vehicle, they spotted the sedan rolled over on its roof on the side of the road.

Our Massachusetts accident lawyers understand that the passenger injured in this accident was a 27-year-old female who was thrown from the car as it flipped. She landed on the roadway and was seriously injured. Reports indicate she suffered severe injuries to her leg and her head. Troop A of the Massachusetts State Police is currently investigating the accident along with the Chelmsford EMS and Fire Department.

Because of the accident, Route 3 was shut down for several hours.

As we continue on through Spring Break, drivers are asked to be cautious on our roadways for intoxicated drivers. Spring Break is one of the most likely times to find drunk drivers on our roadways. Students of all ages are let out of school for an entire week and they’re out to celebrate. With all of the colleges and universities in the Greater Boston Area, you can bet that this is a common area for these kinds of accidents. If you’re partying this Spring Break, make sure you do so responsibly.

Roadway Safety Tips from the Mass.gov:

-Never get behind the wheel of a motor vehicle if you’ve been drinking, not even if you’ve had only one beer. With every drop of alcohol, your ability to drive is compromised.

-Keep an eye on your friends. Remember that old saying ‘friends don’t let friends drive drunk’? Well, it still stands true today.

-Go out with a plan. If you know you’re going to be drinking, be sure to designate a driver or use public transportation, a taxi, a bus, a train or your own feet to get home.

-Remember how costly drunk-driving convictions are. In Massachusetts, the total cost (including surcharges, fees, fines, etc.) will run you nearly $8,000.

-If you think you’ve spotted a drunk driver on our roadways, stay away and call 9-1-1 to report them. Your call and your report can help save lives.

-You should never bicycle while drunk either.

-If you throw a house party, keep an eye on your guests and make sure none of them departs without a designated driver.

-If you cannot find a safe and sober ride home, stay where you are and sleep it off.

Enjoy your Spring Break and enjoy responsibly.
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There is no denying that underage kids in the state are consuming alcohol. What’s more terrifying are the risks they’re putting themselves at for serious illnesses, injuries and car accidents in Massachusetts. It may not all be their fault though. Some are blaming advertisements for increases in underage alcohol consumption.

To help to reduce these risks, the Secretary of the Commonwealth’s Health and Human Services, Dr. JudyAnn Bigby, is doing all she can. She recently made an announcement that the Massachusetts Bay Transportation Authority (MBTA) will no longer be displaying advertisements for alcohol at any of its facilities, including commuter rail trains, bus shelters, buses, subway cars and stations. These ads will no longer be found anywhere on MBTA property. The move was made after studies revealed that the more teens see these ads, the more alcohol is consumed by this age group.

Our Boston drunk driving car accident attorneys understand that it’s important to teach our kids about the dangers of drinking and especially drinking and driving. Bigby says that there was nearly $10 billion spent on outdoor alcohol ads across the nation last year. These kinds of ads may be a contributing factor to the nearly $775 million spent on underage hospitalizations resulting from alcohol consumption in 2008, according to The Wall Street Journal. The Mayo Clinic reports that nearly 40,000 youngsters were admitted to the hospital during the year for underage drinking-related complications.

Some officials believe that these numbers may actually be much higher. Officials say that not all hospital visits are recorded, including emergency room visits, etc. Included in some of these admissions are problems related to alcohol abuse, withdrawal, dependence, intoxication, alcohol-induced mood problems and related injuries. Some reports indicate that about 25 percent of all alcohol-related injuries resulting in a hospital visit are from car accidents.

Despite what the media are saying, our teens shouldn’t be exposed to these types of advertisements. At the very least, these ads shouldn’t be displayed where these young ones congregate, says Bigby.

For many of our young residents, MBTA trains, subways and buses are a vital part of their everyday life. Some even use these forms of transportation in place of a school bus. There’s no reason these young riders should be bombarded with messages encouraging them to consume alcohol.

Thankfully, the MBTA isn’t working alone. It is also working with agencies in Washington, D.C., Chicago, Philadelphia and San Francisco to get these alcohol-related ads away from young residents and drivers.

We are now asking parents to join these efforts too and to help teach our young ones about the dangers associated with consuming alcohol and with drinking and driving. It’s a simple conversation that could potentially save their life.
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To no surprise, another driver was stopped in the state of Massachusetts and is now facing drunk driving charges. What may be a little surprising in this case is that this is the 55-year-old’s eighth drunk driving charge. With each charge, the man continues to get behind the wheel after drinking and endanger residents’ lives with potentially fatal drunk driving car accidents in Massachusetts.

According to the Gloucester Times, the traffic stop was on Route 128 in Manchester. While the South Grafton man may have lost count of his drunk driving charges, he’s not alone. In the last two years, police in Gloucester have arrested more than 25 people for multiple drunk driving offenses. This is in addition to the approximate 80 they nabbed for first-time offenses.

Our Boston drunk driving car accident attorneys understand that the state of Massachusetts has more than 26,000 drivers who have three or more drunk driving convictions. According to David Delulis with Mother Against Drunk Driving (MADD), the state of Massachusetts is typically just too lenient with the sentences that convicted drivers get. He said the punishment for a first-time offense is usually only an alcohol education class, and that’s if the driver shows remorse.

“They re-offend No. 1, because we let them, and No. 2, because they can,” said DeIulis.

Multiple drunk driving convictions can ultimately result in jail time or a suspended license, but how many convictions it takes to get to these sentences is up to the judge. They have the discretion to make these decisions, and with recent statistics they’re not coming down too hard on these drivers.

The eight-time offender in Manchester has drawn some attention, mostly because the man is also a paroled killer. The man was released from prison back in 2002 after he served 20 years behind bars and had the murder charges reduced to a second-degree offense. Even though the man had previous DUI convictions, he was able to produce a valid driver’s license.

Michael Lane with the Gloucester Police Department says that by the time a driver gets six, seven or even eight drunk driving convictions, it’s out of the hands of law enforcement officers and in the hands of the courts and judges. He adds that there is a fair amount of recidivism, but he says all crimes are like this and it’s not just drunk driving offenders. Still, courts fail to give these offenders stricter sentences to help keep them from recommitting such crimes.

According to MADD, the state of Massachusetts ranked 40th in the country for having strict laws to help prevent drunk driving incidents. That’s nothing to brag about.

As a matter of fact, Massachusetts was the very last state to reduce the drunk driving limit from a blood alcohol concentration (BAC) of .10 to .08. The state did this only after it received threats from the federal government, saying that it was going to keep its highway funds if it didn’t lower it.

In Massachusetts, there were nearly 120 fatalities resulting from drunk driving car accidents in 2011.
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St. Patrick’s Day is right around the corner and residents and visitors of Massachusetts are already gearing up for the big event – South Boston’s St. Patrick’s Day Parade. This year, the parade will also be broadcasted live to the men and women of the armed forces overseas. Included in this year’s parade are politicians, clowns, floats galore, Star Wars characters, and much, much more. The Sunday, March 18 parade is expected to be a 2.5-hour affair, and we’re expecting much of the city to attend.

While many of us will be enjoying friends, family, green attire and good times, others will be out there guzzling up all of the green beer they can. You may remember a post from last year’s Boston Personal Injury Attorney Blog discussing the dangers associated with drunk driving and St. Patrick’s Day. Unfortunately, the risks of alcohol-related car accidents are just as likely now as they were then. According to the National Highway Traffic Safety Administration (NHTSA), nearly 40 percent of drivers who were involved in a fatal car crash on St. Patrick’s Day over the last five years were legally drunk behind the wheel, meaning that they had a blood alcohol concentration (BAC) of 0.08 or higher.

Our Massachusetts drunk driving car accident attorneys understand that these types of accidents are preventable and it’s a lot easier than you may think. This year, Boston’s got a plan to cut down on drunk driving. Recently the Massachusetts Bay Transportation Authority (MBTA) announced that it would be adding extra bus and subway services to help ensure that everyone makes it to the South Boston St. Patrick’s Day Parade and back home safely.

The MBTA will be offering extra Red Line trains to the usual Sunday schedule. These trains will be able to carry the expected increase in riders. The change in routes and schedules will begin at 11 a.m. on Sunday the 18th and will continue until the parade is over.

Bus routes will also be affected in this St. Patrick’s Day schedule. This includes two halted routes for the parade’s duration. Make travel arrangements beforehand to avoid any problems.

Bus Routes Affected by the Parade Schedule:

-Route 47
-Route 18
-Route 17
-Route 15
-Route 10
-Route 9
-Route 7
For more detailed information regarding Boston’s MBTA St. Patrick’s Day schedule, visit MBTA’s website.

Please remember, if your plans involve drinking beer this St. Patrick’s Day then make a plan and go out prepared. Whatever you do, make sure that you exclude driving from your plans. Use the MBTA’s services to get a safe ride home. The MBTA is here to help keep residents and visitors safe on the day of Irish celebration. Celebrate safely and responsibly. Happy St. Patrick’s Day!
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According to a recent report from the state’s Sentencing Commission, only about 20 of the approximate 110 defendants of drunk driving from 2007 to 2010 received jail time under Melanie’s Law. This law was created back in 2005 and is intended to beef up the penalties against those who endanger children by driving drunk, particularly when a child is in the car with the offender. Officials report that the law isn’t doing its job and only a small number of those who are convicted under the law actually serve any significant time behind bars. The average jail time for drivers convicted of drunk driving with a child present was less than three months.

Drunk driving car accidents in Massachusetts and elsewhere took the lives of nearly 1,315 children under the age of 15 in 2009, according to the National Highway Traffic Safety Administration (NHTSA). While these dangerous drivers should be serving significant time, that’s not what is happening. Some are only getting probation.

Our Boston drunk driving accident lawyers understand that drunk driving accidents are 100 percent preventable. It’s a shame that so many innocent, young residents are injured and killed in these kinds of accidents, which are entirely out of their control. State Sen. Robert Hedlund, R-Weymouth says that an adult has the ability to decide not to get into a car with someone who’s been drinking. Children, however, do not.

Hedlund says that he and other safe-driving advocates thought that this kind of law would be able to add jail time to the sentences of those who were convicted of drunk driving with a child present in the car. There is language within the law that stops judges from making the punishment for child endangerment concurrent with other charges.

According to the Sentencing Commission, less than 10 of the 34 people who were convicted for drunk driving with a child present in the vehicle in 2010 were sentenced to any kind of jail time.

Arrests under the law have had their ups and downs. In 2006, there were nearly 80 drivers charged with the crime. In 2011, there were 160 charged. Still, the sentences were shaky and not as tough as some would like.

If you remember, Melanie’s Law was named after a little girl killed by a drunk driver. Ron Bersani, Melanie’s grandpa, says judges are too lenient.

Children are completely vulnerable in these scenarios. Sometimes, children are too young to understand what being drunk is. When children start to understand what alcohol is and how if affects the body, many are still not able to comprehend the dangers it presents to a driver. Even when children understand all of these factors, they may be too frightened to speak up against an adult and refuse to get into a vehicle.

Bersani says all he wanted is to see more penalties handed out. He says that if you do the crime, you should have to do the time.
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A nine-count indictment! That’s what a woman recently pled guilty to after a drunk driving, wrong-way car accident on the New England Thruway. The accident happened back in July when the risky driver drove northbound in the southbound lanes of the Thruway. She rammed her vehicle into an oncoming car, head-on.

The woman pled guilty to the following:

-A misdemeanor charge of reckless driving.
-Two misdemeanor counts of driving while intoxicated.
-A misdemeanor count of aggravated driving.
-A class “D” felony of first-degree vehicular assault.
-A class “C” felony of second-degree manslaughter.
-Three counts of aggravated vehicular homicide, all class “B” felonies.

These irresponsible drivers frighten our Boston car accident attorneys just as much as they do you and your family. These dangerous drivers are the reason why our traffic accident fatality count is so high in the U.S. every year. What’s most shocking is that these kinds of accidents are completely preventable, yet motorists throw their concerns to the wind and continue to endanger safe and innocent drivers. Traffic accident fatalities are inevitable as long as these kinds of drivers roam our streets.

The New England Thruway accident happened at 4:30 a.m., when drunk drivers are most likely to be on our roadways. The woman had been driving the vehicle down the wrong side of the road for more than 6 miles before the accident happened. Investigators revealed that the woman had a blood alcohol concentration (BAC) of 0.19. That’s more than twice the legal limit of 0.08 in Massachusetts.

Both the intoxicated, wrong-way driver and a victim of the vehicle she slammed into had to be extricated from their cars. Emergency crews and State Police responded to the accident. The front-seat passenger of the victim’s vehicle was pronounced dead at Sound Shore Medical Center. The driver of the victim’s car sustained some serious injuries, according to the Pelham Patch.

The dangerous driver was taken to Jacobi Medical Center and is scheduled to be sentenced on the 24th of April. She could potentially face 25 years behind bars. Her bail remains at $50,000.

In the state of Massachusetts, the legal blood alcohol concentration (BAC) is 0.08. If you’re under the age of 21, which is the legal age to consume alcohol in our state, you can face administrative penalties if an officer busts you with a BAC of 0.02 or higher.

Drivers are allowed to refuse a chemical test or a blood alcohol-test. It’s important to remember that with refusal, an officer is allowed to take away your license right then and there.

Arrests for drunk driving are costly!

-It’s at least $75 to tow your car, since you’re not going to be driving it.

-With an arrest, you’re probably going to dish out $500 for fines.

-Your license will be taken and it costs about $100 to have it reinstated.

-Courts going to run you about $250.

-Insurance surcharges are going to cost you about $1,000.

-Attorneys costs to fight a drunk driving charge can be about $1,500.

That’s about $4,000 for a first-offense drunk driving charge. These penalties are much, much worse when someone is injured or killed by a drunk driver. Do your part to save some money and save some lives by promising to stay sober behind the wheel.

Remember, although you may be sober at the wheel, other drivers may not be. Drive cautiously and alertly to avoid a potentially fatal accident with an irresponsible, drunk driver.
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Some parents will never learn. Yet another child has been involved in a drunk driving car accident in Massachusetts. That’s right. A mother is accused of driving drunk with an innocent child in the vehicle. According to State Police Sergeant Chris Vetter, the woman’s SUV rolled over on Route 101. The mom was charged with aggravated driving while intoxicated after the 5:30 p.m.

The Union Leader reports that the woman was heading east on Route 101, by Exit 7, when her SUV went off of the roadways, crossed over the media and started heading the wrong way in the westbound lanes. Once in the westbound lanes, the mom driver overcorrected and the vehicle flipped over into the median. Mom was taken to Exeter Hospital. Luckily the 4-year-old passenger wasn’t injured in the accident. Epping police Officer Jeff LeDuc says that it was probably the child’s car seat that saved her from serious injuries in this accident. Surprisingly, mom isn’t facing any child endangerment charges. Her aggravated DWI charge is the result of the fact that she was behind the wheel under the influence of alcohol when a child under the age of 16 in the vehicle.

As we recently reported on our Boston Car Accident Lawyer Blog, the loss of a child is seemingly unimaginable. It’s a heartbreaking reality that occurs all too frequently. Recently studies conclude that car accidents are the top cause of death for children in this country. For parent drivers who are safe and responsible behind the wheel, accidents are still unavoidable at times. Knowing this, it’s important to protect your young passengers from injury and death in the event of a car accident. There are simple ways to do this and it starts with safely and correctly buckling in your child during every car ride.

According to The Official Website of the Executive Office of Public Safety and Security, most child car seats are sold reputably and have been tested rigorously tested in a number of crash tests. These tests conform to current government standards and are designed to keep your child safe in the event of an accident. Parents are urged to seat children in a car seat that has weight and height requirements that fit your child. You also want to be sure that the seat is properly installed into your vehicle. The car seat should fit snugly against the car’s seat and the harness should be tightened so that the belts are secure and fit snugly against your child.

Children should ride in a car seat that has a five-point harness system until they’ve met the height and weight limits of the seat.

Remember, back in April of 2008, Governor Deval Patrick signed Senate Bill 2018 in to law. This bill, the Booster Seat Bill, took effect in July of 2008 to strengthen Massachusetts Child Passenger Safety Law. Now it requires all children that are riding in a motor vehicle to be in a federally-approved child passenger restraint that meets federal standards until they’re either 8-years-old or over 57 inches tall. This law was enacted to help significantly increase the number of child passengers who would be required to ride in a proper booster seat.
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