Boston Drunk Driving Accident Lawyer Blog

Across the United States, state and local governments seem to moving toward the decriminalization or legalization of marijuana. One concern of the police and others against legalization is that there would be a corresponding increase in the number of people driving under the influence of marijuana.

According to a recent article in the Worchester Telegram, the Massachusetts Chiefs of Police Association and its membership share these concerns. One major issue is that, unlike drunk driving, driving under the influence of marijuana is much more difficult to prove.

Field sobriety tests are designed to detect drunk driving. The National Highway Traffic Safety Administration (NHTSA) developed the three standardized tests now approved for use in DWI and DUI detection, but these tests are not effective for drivers suspected of being on drugs.
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There are some people who regularly drink alcohol to the point of intoxication and then get behind the wheel of a car. While it may seem like a normal thing for some, driving a 2,000-pound vehicle while drunk is actually one of the most dangerous things imaginable.

Not only is the drunk driver taking a risk of hurting himself or herself, it is risk taken on behalf of others without their knowledge or consent. Each year, across the nation and in the Commonwealth of Massachusetts, lives are ruined and lost due to drunk driving car crashes.

According to recent news story from the Boston Globe, police were called to the scene of accident caused by a drunk driver. Authorities are reporting that the suspected drunk driver was driving his motor vehicle in the wrong direction of the highway when he crashed into another car.
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According to a recent news article from NBC Sports, NFL commissioner Roger Goodell consulted with Mothers Against Drunk Driving (MADD) representatives before issuing a 10 game suspension to defensive tackle Josh Brent.

Brent’s suspension was related a 2012 drunk driving car crash that resulted in the death of his Cowboys teammate, Jerry Brown. The suspension means that Brent cannot participate in any team activities or even begin practicing until week nine of the regular season. If he is involved in any other prohibited alcohol-related incidents, including drunk driving, he will not be allowed to return to the NFL.

Goodell said that the length of the suspension was chosen after speaking with experts, including those from MADD. It was important for Brent to understand just how serious his actions were and that any future drunk driving will not be tolerated. Though Brent has decided to appeal the suspension, Goodell said Brent understands the reasoning behind the decision.

This NFL sanction is in addition to the criminal penalties imposed on Brent after he pleaded guilty to charges in connection with the drunk driving related death of his teammate, which included 180 days in jail and ten years of probation.

As our attorneys in Boston who regularly represent victims of drunk driving accidents understand that people often fail to consider the true impact their decision to drink before getting behind the wheel can have on families. Most of the public interest campaigns focus on the fact that you can go to jail for drunk driving, but to the victims of alcohol-related accidents, the effects can be devastating.
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Olympic gold medalist swimmer Michael Phelps captured the collective attention of the nation during the 2008 Summer Games. More recently, he has found himself back in the spotlight after being arrested on suspicion of drunk driving for the second time.
According to a recent news article from CNN, Phelps was arrested in Baltimore just before 2:00 a.m. and charged with driving under the influence (DUI), excessive speed, and failure to stay in the appropriate lane.

Phelps posted a response to the breaking news on his Twitter account, stating that he knows the severity of his actions and that he is deeply sorry to anyone he has let down.
Authorities have explained that Phelps was caught on a stationary radar speed detection system traveling almost 40mph over the posted speed limit. A police officer followed Phelps onto the interstate and pulled him over just after a toll plaza.
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According to a recent news article from WLLP News, a man pleaded guilty to charges involving a deadly drunk driving car accident in Worcester. Prosecutors stated defendant, of Berkshire County, ran a red light in Worcester County when he was driving late at night and broadsided a pickup truck driven by a 48-old-man from the Boston suburb. The victim died as a result of injuries sustained in the crash.

Defendant was charged with Operating Under the Influence (OUI), Operating a Motor Vehicle under the Influence of Intoxicating Liquor or Drugs involving a Homicide, and manslaughter. In exchange for his plea of guilty, the manslaughter charge was dismissed, and defendant received a sentence of up to six years in a Massachusetts Correctional Institution (MCI).

As our drunk driving accident lawyers in Boston can discuss, a civil suit must be filed within the applicable statute of limitations, so that it is not time barred. However, when there is a pending criminal case against the driver who is alleged to have caused the accident, it is likely that the civil case will be stayed (put on hold) until the criminal matter has been resolved.

The reason for this is that a criminal defendant has an absolute right to remain silent pursuant to Miranda v. Arizona and the Fifth Amendment privilege against self-incrimination (PASI). In a civil case, the plaintiff’s attorney can require the defendant to answer written questions known as requests for admissions, answer interrogatories, and require that he or she answer oral questions at a deposition.
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According to a recent article from The Sacramento Bee, defendant may be suing her insurance company after a jury awarded $3.2 million to a woman who defendant hit and severely inured with her car during a drunk driving accident.

Defendant, who now resides in the female offender unit at Folsom prison, was convicted in 2012 on several felony and misdemeanor charges stemming from a nearly fatal drunk driving car crash for which she was responsible.

Evidence in her criminal case included a video recording from a traffic camera that showed defendant’s car drifting right while making a left turn. Defendant’s car then went over the curb and hit a pedestrian. The pedestrian’s head cracked the car windshield before she was thrown into the air.

When the injured pedestrian landed, she broke her back in several places, her wrist, leg, and most of her ribs. She also punctured a lung. After the accident, doctors determined that she had suffered a diffuse axonal traumatic brain injury (TBI) when her head hit the windshield. The victim is left with memory loss and an inability to balance herself. As our Boston attorneys who handle drunk driving accident cases understand, TBIs often involve extensive use of expert witnesses.

The victim’s boyfriend was with her at the time accident and appeared to be struck by the car and also received major injuries.
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Country music legend Lynn Anderson has been charged with drunk driving after crashing her car, according to recent news report from News 2 Nashville. Anderson had a series of chart-topping hits in the 70s and 80s including “I never promised you a rose garden.”

Police responded to a motor vehicle accident and noticed that one of the drivers was showing signs of impairment. That driver, Anderson, is alleged to have admitted drinking and driving and to having ingested prescription medication prior to getting behind the wheel. This was not the first time she was arrested on DUI charges. Anderson was arrested in 2004 after being found by police passed out in her car on the side of a road.

As our Boston drunk driving accident lawyers understand, many drivers who have caused a serious accident seem to be under the belief that they are allowed to drive after taking powerful prescription medications. This could not be farther from the truth.

Let’s first look at cases involving alcohol. As long as you are 21 years of age or older, it is completely legal to drink alcohol. It is not however, legal to drive a car after becoming intoxicated. Drunk driving is negligent driving.
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