Articles Posted in DUI/OUI

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Eduardo Torres, 48, of Marlboro, was pulled over Saturday morning, September 24, for an expired inspection sticker. The officer noticed to open beer bottles and the smell of alcohol on his breath. After failing field sobriety tests Torres was arrested for being under the influence of alcohol. He has three prior alcohol-related offenses from California and to prior operating under the influence charges in Massachusetts, he was charged with a sixth offense OUI.

Torres was previously ordered deported by immigration and will be handed over to federal authorities after his criminal case is completed. The incident along with others involving illegal immigrants have drawn a lot of publicity to those immigrants who are here illegally and drive without a license or commit criminal offenses. Sheriff’s from local communities are using these latest incidents to draw attention to the secure communities program. The secure communities program requires that police run a suspects fingerprints through a database and alert federal officials if it is determined that the suspect is not the US with proper authorization.

Torres was held without bail and faces a mandatory minimum sentence if convicted. It appears he did not take the breathalyzer. OUI charges have an increasing scale when it comes to penalties based on the amount of prior offenses. A first offense OUI usually requires an alcohol program, a short loss of license as well as fines and fees; a second offense usually requires a two-week inpatient alcohol program; a third offense will require mandatory minimum sentence in jail with a long loss of license. Any subsequent offense after a third offense carries an even longer mandatory minimum sentence and eventually a permanent loss of license.

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This took place after a national effort to find and remove illegal immigrants with prior criminal convictions some with multiple criminal convictions. US immigration and customs enforcement better known as ICE conducted a nationwide sweep that lasted seven days which detained immigrants with felony convictions such as: manslaughter attempted murder, kidnapping, armed robbery, drug trafficking, child abuse, sexual crimes and aggravated assault. ICE named this operation crosscheck and said it was the largest of its kind involved over 1900 officers and agents from the 24 field offices with police organizations offering assistance.

19 arrests occurred in Boston, many of those arrested were already considered immigration fugitives in that they had been previously ordered removed from the country but failed to leave, some had been previously deported and had reentered illegally.

Some of those arrested were presented to both local and federal authorities for criminal prosecution at least 146 of those arrested were being considered for prosecution on a variety of charges including illegal reentry after deportation a federal charge which can carry up to 20 years in prison.

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Cara Dellabarba, 28, of Weymouth attempt to drive home after celebrating a friend’s 30th birthday party at the old colony yacht club in Dorchester. She ended up driving the wrong way down Morrissey Boulevard and striking a state trooper’s vehicle while he was inside it. Her car then drove over a traffic island and its is reported she attempted to drive away but the car was disabled.

She admitted to the state trooper that she drank a lot while at the club and stated that she realizes what happened but can she be allowed to go home. The state trooper suffered minor injuries from his vehicle being struck. Since January 1, 2010, 45 state troopers have been injured by motorists, half of these accidents have been caused by people operating under the influence of alcohol or drugs.

Dellabarba failed a variety of field sobriety tests and when asked to perform the breathalyzer at the station she did not blow hard enough or long enough into the breathalyzer to give a proper sample. After receiving further instructions to blowhard and for a longer period she was still unable to give a proper sample for the breathalyzer to give a reading. The police believe that she did this intentionally and therefore considered this a refusal to take the breath test. Refusing the breathalyzer triggers an automatic 180 day suspension of a person’s driver’s license by the Registry of motor vehicles.

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Two teenage girls in Somerville died after a car accident Friday morning at approximately 3:30 AM. Kenneth Belew, 21, of Somerville was driving under the influence of alcohol and a high rate of speed on the McGrath O’Brien Highway overpass when his car lost control and collided with the cement safety wall. Five passengers were in the vehicle, two female teenagers who were not wearing seatbelts died of their injuries. Police have not yet released the names of the victims.

The driver Belew was arraigned this morning in Somerville District Court for operating under the influence of alcohol, vehicular homicide, speeding and marked lane violation. He was held on $5,000 cash bail.

The other three passengers in the vehicle were wearing seatbelts and sustained minor injuries. The Registry of motor vehicle records show the driver had previously undergone several license suspensions for a variety of motor vehicle infractions.

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Wayne Leduc, 40, pleaded not guilty to charges of operating under the influence of liquor, operating negligently to endanger, failure to move over for an emergency vehicle, and marked lanes violation in Quincy District Court. Bail was set at $1500.

These charges stem from trooper Brian Berry, 43, pulling over another vehicle at 4:30 AM on I 93 northbound near exit 9 in Quincy. Trooper Barry was standing in front of his cruiser during the traffic stop when Leduc crashed into the rear of the trooper’s vehicle propelling the trooper’s car into him causing leg injuries.

Trooper Berry was able to call for help when backup arrived they arrested Leduc. This accident is one of many recently involving injuries to troopers who are engaged in traffic stops.

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Michael Ciarlone, 54, is accused in Chelsea District Court of using his truck with a plow to push snow around a vehicle that he believed parked in his spot. When the vehicle owner and other neighbors came out to confront him he pinned a neighbor with his truck and then kicked him in the head. He’s accused of striking another man breaking his glasses.

These assaults occurred last month but the defendant was arraigned today in Chelsea District Court. The police claim that the defendant was intoxicated when they arrived he was charged with assault and battery with a dangerous weapon, malicious destruction of property and operating under the influence.

The defendant was released without bail and told to avoid contact with the victims in the case.

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Robert McGillivary appealed his conviction of OUI 4th offense based on the fact that he had merely turned the key in the ignition to start the electricity in the car and argued to the court that this was not enough to show operation of the vehicle.

The Court of Appeals disagreed with him and decided that turning the key was in act that was enough for a jury to convict him of operating under the influence.

One of the elements of drunk driving is proving that the defendant operated the vehicle. This decision allows the Commonwealth to prove operation when the defendant has inserted a key into the ignition and turned the key.

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John McCarthy, 61, and MBTA bus driver rear-ended a vehicle Friday night while working driving and MBTA bus in Somerville. No serious injuries resulted to either passengers on the bus or in the other vehicle. Mr. McCartney was found to have open bottle of vodka in his back pocket, police charged him with operating under the influence.

Mr. McCarthy was said to have failed field sobriety tests at the scene. The MBTA plans on firing Mr. McCarthy based on what has been reported. He was arraigned this morning in Somerville District Court and released on personal recognizance.

Operating under the influence or drunk driving is treated very seriously in Massachusetts. Attorney Frank Fernandez has represented clients for OUI offenses in Boston and throughout all of Massachusetts. Contact us for a free consultation regarding your case.

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Matt Amorello the former chairman of the Massachusetts Turnpike Authority admitted in Haverhill district court to operating under the influence related to a car crash back in August in which he struck two parked vehicles and then continued to try and drive his vehicle after one of the wheels had fallen off. He refused the breathalyzer at the time, causing a loss of license for 180 days and today received a further 45 day loss of license after making his admission.

Amorello was charged with Operating under the influence in Massachusetts, as a first time offender he is eligible to receive an alternative disposition which allows for a person to waive his rights to a trial and make an admission at which time a Judge may not find him guilty but rather continue the case without a finding (known as a CWOF) usually for a one year period in which the person is on probation. An alcohol class must be completed, it is essentially a drunk driving course which is one evening a week for approximately sixteen weeks. The drunk driving charge carries fines and fees totaling close to one thousand dollars. Once a person signs up for the Alcohol course they then can apply for a hardship license also known as a Cinderella license which allows a driver to drive for a twelve hour period every day. If the person pays all the fines and completes the program and probation without picking up any new charges the case will be dismissed at the end of the term of probation.

An experienced boston criminal lawyer who is familiar with what to look for and knows how to fight operating under the influence (OUI) charges or drunk driving charges should be consulted as soon as possible after being arrested. A second offense OUI and third offense OUI carry heavier sentences and carry the potential of jail if convicted. Massachusetts has a stepped approach to drunk driving where every new offense a person faces carries a longer and longer jail sentence. Drunk driving charges carry minimum mandatory sentences in jail when you start facing 3 or more convictions.

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A Missouri man whose car slipped off an icy road had to wait two hours before emergency workers arrived to help him. When police arrived they found him intoxicated. A jury found him not guilty based on his testifying that he did not drink alcohol before driving but only after he slipped off the icy road and was waiting for help. He drank to keep warm until help arrived.

In Massachusetts the Commonwealth to prove operating under the influence, or OUI, (DUI), has to show that you were impaired by alcohol and were driving on a public way while impaired. Usually this evidence comes in the form of a police officer observing how a suspect was driving, then pulling the person over and testifying to how that person appeared, smelled, acted and what he said during the stop and field sobriety tests. It is not usual for such a long period of time to pass between an accident and when help arrives that a person can claim that the act of drinking took place after the accident while awaiting the police.

An experienced boston criminal lawyer who is familiar with what to look for and knows how to fight operating under the influence (OUI) charges or drunk driving charges should be consulted as soon as possible after being arrested. A second offense OUI and third offense OUI carry heavier sentences and carry the potential of jail if convicted. Massachusetts has a stepped approach to drunk driving where every new offense a person faces carries a longer and longer mandatory jail sentence. Drunk driving charges carry minimum mandatory sentences in jail when you start facing 3 or more convictions.