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There is no question that when a person drinks to the point of intoxication and gets behind the wheel of a motor vehicle, he or she is acting in a negligent manner.  This means that he or she is acting in a such a way that shows a disregard for the safety of others, and could cause foreseeable injury to persons or property.  That is the definition of negligence in a personal injury case (including car accident lawsuits) in the Commonwealth.drivefastsaab

In many cases, a person will exercise bad judgment when they drink and then get behind the wheel, and while they will be completely liable for any personal injury or death that results from this negligent action, it does not necessarily mean that the driver is alcoholic.  Sometimes people just make mistakes, and sometimes they have to pay for those mistakes. Continue reading

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A man convicted of motor vehicle homicide and manslaughter while under the influence of alcohol in connection with a deadly drunk driving accident in Worcester last year is appealing his conviction, according to a recent news feature from The Boston Herald.  The reason for his appeal is that he is trying get one of the charges for which his was convicted dismissed, which may shorten his sentence. He is currently serving a 12-to-14-year sentence in a Massachusetts Correctional Institute (MCI).beer

Court documents indicate defendant was driving his car while intoxicated when he hit a 23-year-old man and then continued to drag him for a quarter of a mile. The victim died as a result of the serious injuries sustained when hit by a drunk driver and then dragged under his car. Continue reading

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One of the big issues that has made its way to the United States Supreme Court is whether a driver can be charged with a crime for refusing to submit to an alcohol breath test when asked by police upon a showing of probable cause that the driver is under the influence of alcohol.

1316049_untitled-300x200Essentially, in some states such as the Commonwealth of Massachusetts, a driver has the right to decline a breath alcohol test (generically called a Breathalyzer), and this refusal cannot be used against the defendant in a court of law.  Continue reading

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There are currently many companies working to develop a self-driving or driverless car these days.  Some companies like Tesla are working to create not only the self-driving software and hardware, but also the car itself.  Supposedly, they will soon be offering a free trial of a software package that allows their already existing fully electric cars to become a self-driving vehicle.

shot-glass-1032719-mOther companies such as Google are working to develop the self-driving systems and then want to license or sell their technology to car companies, since the company is not interested in designing the vehicles themselves.  Knowing the past track record of Google products, it is likely they will be successful.  Continue reading

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According to a recent news article from CBS Boston, a woman who was once honored as middle school principal of the year in Dedham has been fired after her arrest for alleged drinking and driving.

mhiFu4IAuthorities say the Dedham middle school teacher was driving her car very early Sunday morning, when an officer from Waltham ended up behind her car.  He noticed that she was weaving on the road and making what he called erratic movements not expected of a sober driver.  He then watched as she pulled into a nearby parking lot. Continue reading

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An appeals court in Ohio has ruled that a strip club may not be held legally responsible for the severe injuries suffered by a third party when one of its dancers drove home from work intoxicated. dancer

Customers at the club routinely purchase drinks for the dancers, who are allowed to drink alcohol while on-the-clock. One of the dancers apparently drank too much before getting into her vehicle to drive home after her shift. She crashed her car on the way back, causing severe injuries to another woman.

At trial, jurors overseeing the dram shop act case held the club liable to pay $1.43 million of a $2.85 million damage award for the injured woman. However, the Second District Court of Appeal reversed, finding in Johnson v. Montgomery that the state’s dram shop law is not applicable to the employee in this case.  That’s because Ohio’s dram shop law only allows an alcohol vendor to be held liable for injuries caused after service of alcohol to either a minor or someone who is visibly intoxicated. The trial court should have accepted the strip club’s request for a directed verdict before the case went to the jury.  Continue reading

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It’s prom season.

High school students across the country are preparing for the biggest bash of the last four years, scouring for the perfect dress, the right date and all the best reservations. While students are generally most concerned with having a memorable night, parents want to make sure they remember it for all the right reasons. teenprom

Far too often, prom night ends in tragedy for those who drink, take drugs and then get behind the wheel. Of course, it’s not just prom night. Late spring is associated with an unusually high number of teen-related drunk driving car accidents. Part of that has to do with the fact there are so many back-to-back celebrations. Teens, who are still by virtue of their age inexperienced drivers, are emboldened by new-found freedoms and the prospect of new beginnings. And when youth are so focused on having a good time, the good judgment they may normally display can take a backseat – particularly when they are driving.

So what can parents do?  Continue reading

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A 51-year-old from Rhode Island had seven prior convictions for driving under the influence in that state. As a result, judges there had ordered his driver’s license permanently revoked for the rest of his life.driving9

Yet not long after, he obtained a valid driver’s license in the Commonwealth of Massachusetts. Although it was later suspended, that still didn’t stop him from getting behind the wheel drunk and racking up his eighth DUI arrest, the last one in Northampton, MA.

How could this happen? After all, many states have statutes that allow prior DUI convictions that occur out-of-state to be considered in penalties elsewhere. Massachusetts does too, but here’s the trouble: The Commonwealth is one of just five states that does not participate in the Drivers License Compact.  Continue reading

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Massachusetts DUI charges have been lodged against a one-time “Principle of the Year,” who is at the helm of a middle school.sad2

The arrest has made national news, and the accused has been placed on administrative leave by the superintendent at Dedham.

She was reportedly stopped by police one weekend night in early April and accused of driving impaired. She had not been involved in a DUI accident and there were no injuries reported.  It appears though authorities may have stopped her just in time. An off-duty officer in Weston alleged he spotted the suspect driving “all over the road” along Interstate 95. He said he watched as she nearly crashed her vehicle four different times. He followed her and called 911.  Continue reading

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There is no question that many come to a NASCAR track to see the crashes.  However, we are normally talking about crashes that occur during the race, and as far as NASCAR tracks go, the Daytona International Speedway has had its fair share of famous crashes.  According to a recent news feature from ABC News Boston, four people were injured during the latest crash at the famous motor speedway, except this crash involved several mobile homes in infield camping area.

beersAuthorities say several motor homes and cars were seriously damaged and four people were injured when a 43-year-old Florida woman allegedly drove her pickup truck while intoxicated and crashed it into five campers and four people during a motocross event being hosted at the track. Continue reading

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Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
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Quincy, MA 02171
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Worcester, MA 01609
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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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