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In the Commonwealth of Massachusetts, the legal limit a driver’s blood alcohol content (BAC) when getting behind the wheel of motor vehicle is 0.08 grams of alcohol per hundred milliliters of blood. This is the legal limit across the United States due to the lobbying efforts of Mothers Against Drunk Driving (MADD) and others in support of cutting down on drunk driving fatalities in the nation.

beersTechnically, the United States federal government does not have authority to create a mandatory blood alcohol limit in each of the several states because of the 10th Amendment states rights provision. However, Congress does have a enumerated plenary power to tax and spend for the general welfare of the American people. It is the spending clause that allows for a national drinking age and a national blood alcohol limit. Congress can give highway-funding grants to the states as its members see fit. If they wish to tie receipt of federal highway funding grants to the state’s choice to institute a specific law, they have the right to do so without violating the 10th Amendment. This is how Congress was able to a pass a national BAC limit in an attempt to curb drunk driving accidents, including drunk driving fatal accidents, in the United States. Continue reading

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A drunk driving car accident that results in a serious personal injury or a fatality is at its essence a civil personal injury lawsuit filed under a theory of negligence or wrongful death under negligence. The first element in any negligence case in the Commonwealth of Massachusetts is that the defendant owed a duty of care to the plaintiff. This means that defendant was obligated to act as a reasonable and prudent person to prevent foreseeable harm to foreseeable persons and property.

jail-979240-mGenerally speaking in our legal system, a person does not owe a duty of due care toward others unless he or she has a legal obligation, contractual obligation, or a fact-based obligation. Everyone who gets a driver’s license at the RMV in Massachusetts, or at the counterpart agency in their own states, most typically called a DMV, signs a document (usually electrically) in which they agree to abide by all traffic regulations and drive in a reasonable and prudent manner. This means everyone who has a drivers’ license has a generally duty of care toward all other drivers and pedestrians on the road. Continue reading

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christmas-tree-1443710Throwing a holiday party at your home or for your office is a great way to celebrate the season and to show friends, family, and co-workers how important they are to you. If you have a party, however, you take on some liability risks. In Massachusetts, social host laws impose responsibility on those throwing parties. Social host laws mean if you host an event and serve alcohol, you could find yourself faced with a civil lawsuit against you based on the actions of your guests.

Victims who are hurt by impaired drivers benefit greatly from social host laws, because these laws give them another potential defendant who they can pursue a claim for compensation against.

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According to a recent news article from the Boston Herald, a nurse from Beverly, Massachusetts is accused of drunk driving while being involved in a car crash in which she allegedly crashed into a Massachusetts State Police Trooper following a Patriots game.

3390551991_e41e4b3145Troopers say the 29-year-old nurse was leaving Gillette Stadium in Foxboro, Massachusetts just after midnight, when she allegedly hit a state trooper on Route 1. The trooper was directing traffic following the game at the time she was hit. When authorities approached her to investigate, they claim they could immediately detect a strong odor of alcohol, she had slurred speech, and she was unsteady on her feet. Continue reading

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Most drunk driving accidents involve a driver who is too intoxicated to safety drive a car. While this is certainly not excusable conduct, and could be basis for a drunk driving accident lawsuit, the drunk driver is not normally purposely trying to hurt another driver or pedestrian.

1316049_untitledHowever, there are some cases where the drunk driver is alleged to have acted with actual malice or intent when he or she is behind the wheel. According to a recent news article from ABC News 5, an alleged drunk driver has been arrested for attempted murder. Authorities say the woman allegedly rammed her minivan into a house over and over again while she was drunk. Eventually, the wall gave way and collapsed on a mother and her two minor children, who were inside the home at the time of this allegedly intentional drunk driving car crash. Continue reading

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Thanksgiving is a favorite holiday for many Americans. There is no need to worry about gifts yet, and it is based on a meal at which everyone can abandon their diets and eat their favorite foods. While some get stuck with the cooking, others will be relaxing and watching football and drinking alcohol. While there is no doubt this can make for a great day, it often leads to many tired and drunk individuals hitting the roads and traveling home at the end of the night. It should come as a surprise to nobody that drunk driving accidents are more common around the holiday period each year, but many may not realize that Thanksgiving tends to kick off the period of increased drunk driving incidents.

file000240171319However, according to a recent report from the trade publication PYMNTS, it is not Thanksgiving Day that starts the drinking holiday but the Wednesday before, which people in the alcohol beverage industry are calling “Blackout Wednesday.” It is on Blackout Wednesday that college students are home and headed out to the bars, and those of all ages in the holiday spirit contribute to make the day amount the highest sales days of the year at bars and liquor stores across the country. Continue reading

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According to a recent news article from Fox News, a nun was just arrested for drunk driving, and the arrest was recorded on video, including when she took the field sobriety test wearing a religious habit.

DUI checkpointAuthorities in New Jersey have said that the alleged drunk driver was in fact a nun from Philadelphia. They said she was pulling into the parking lot of an auto parts store in reverse and crashed into the store’s front door. Luckily, the store was closed at the time, so no customers or employees were injured. Continue reading

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According to a recent news article from My Fox Boston, a 67-year-old driver from Norton, Massachusetts has been arrested and charged with motor vehicle homicide and operating a motor vehicle under the influence of intoxicating liquor or drugs (OUI) after allegedly making “intentional contact” with another vehicle.

mmsIFfoAuthorities are saying the driver intentionally hit another car near an exit along Interstate 495. After this impact, the suspect allegedly hit victim’s car again and fled the scene of the accident. When the second collision occurred, authorities say the vehicle rolled over on the exit ramp, killing the victim. Continue reading

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In the neighboring state of Rhode Island, a new law went into effect, which allows a judge to sentence any repeat offenders or drunk driving offenders with a blood alcohol concentration (BAC) of more than two times the legal limit to having to get a vehicle breath interlock device installed in his or her car.   This means that if the driver wants to start his or her car, he must blow into the device and show a clear reading. The device can also require the driver to blow into it whenever stopped or at certain random intervals to prove sobriety.

breathalyzer-465392-mWhile the Rhode Island law is for repeat offenders and those with extremely high BACs, the Massachusetts legislature is proposing a new law that would require vehicle breath ignition interlock devices for anyone convicted of a operating a motor vehicle under the influence of intoxicating liquor or drugs (OUI), according to an article from ABC News.   For those that are not aware, the Massachusetts uses the term OUI for what most other states call a DUI or DWI, but it is the same charge. Continue reading

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According to a recent news report from ABC Boston, one man died in seven-car accident, which occurred early one Sunday morning in Stoughton. Massachusetts State Police troopers were first called to the scene of the deadly accident in response to a report that a pedestrian was hit by car.

774291_bar_1While it is still very early in their investigation, a spokesperson for the Massachusetts State Police said an older Acura was driving north on Route 24 when it crashed for a reason that is not yet know to authorities. As the car crashed, an occupant of the Acura was thrown clear of the vehicle and then was hit or run over by six cars in a row. The victim was 21 years of age at the time of this fatal traffic crash, and he was from Brockton, just south of Boston. Continue reading

Contact Information
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
By Appointment Only
Quincy Office
308 Victory Rd
Quincy, MA 02171
By Appointment Only

Worcester Office
43 Harvard St
Worcester, MA 01609
By Appointment Only
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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