According to a recent report from My Fox Boston, a Marlborough, Massachusetts district court judge held defendant without bail after he was arrested for his fifth drunk driving arrest. Prosecutors allege 55-year-old defendant was driving his SUV when he crashed into an unmarked police vehicle. His car is said to have struck the passenger side area of the police car. Authorities also alleged defendant’s 14-year-old daughter was also in his SUV at time of the crash. First responders treated his daughter for minor injuries. Police also report the detective allegedly hit by defendant’s car was treated and released from a local hospital.
Court records indicate police administered a series of field sobriety tests, which he reportedly failed. Court records also indicate defendant was convicted of drunk driving in 1982, 1983, 1985, and 1998. In this instance, prosecutors charged defendant with operating under the influence (OUI) of intoxicating liquor fifth offense, as well as child endangerment and other moving violations. Defendant is scheduled for a dangerousness hearing at the Marlborough District Court.
In the Commonwealth of Massachusetts, courts generally do not release people on bond, as people are familiar with from TV and other jurisdictions. This is because of a dislike for bail bond recovery agents (bounty hunters) chasing people through the Commonwealth with unlicensed weapons. Instead defendants are generally released on their own personal recognizance, held on small amounts of cash bond, or held without bond after a dangerousness hearing. It is important to note defendant has not been convicted of any crimes in connection with his recent arrested and is presumed innocent unless and until his proven guilty.
As our Boston drunk driving accident lawyers understand, it is necessary to hold a dangerousness hearing when someone has been arrested for drunk driving after numerous drunk driving incidents, because, if allegations are true, defendant is a danger to those on the streets and sidewalks of the Commonwealth of Massachusetts.
In most cases, if a person is arrested on drunk driving charges, prosecutors will offer a disposition known as a Continued without a Finding (CWOF) in courts in the greater Boston area. A CWOF requires defendants to plead guilty to operating a motor vehicle under the influence of intoxicating liquor, but instead of entering a finding of guilty, trial judge will sentence defendant to a period of probation, often including pay of court costs, fines, community service, and attending traffic alcohol education classes. If a defendant successfully completes a CWOF, charges will be dismissed.
A CWOF is only available for first offenders and is usually enough to give people enough to think about so they won’t drive drunk again. Once someone has been convicted of multiple counts of drunk driving, there is often a sentence ranging from months to even years in state prison. If someone is still willing to drive drunk at this point, they not only have a complete disregard for the laws of the Commonwealth, and probably a serious alcohol problem, they have no concern for the safety of others.
If you have been injured in a Boston drunk driving accident, call for a free and confidential appointment at 1-888-367-2900.
Man held without bail after arraignment on 5th OUI, April 19, 2015, 2015, My Fox Boston
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