Boston Criminal Lawyer Blog

The Gloucester woman charged with operating a motor vehicle while under the influence of intoxicating liquor and failure to stay in a marked lane when her car struck the SUV carrying movie star Sandra Bullock has pled not guilty.

Lucile P. Gatchell entered her not guilty plea during her arraignment today in Gloucester District Court. She was released without bail.

No one was injured in the Massachusetts car accident, which occurred on Friday. Bullock had just finished filming a scene from her latest movie "The Proposal" in Rockport before the accident happened. The actress, her husband Jessie James, and the driver of their sport utility vehicle were not injured in the auto collision.

According to the police report, Gatchell failed four field sobriety tests and her blood alcohol level registered over twice the legal limit at 2.0. Kevin Mackey, the arresting police officer, reported smelling alcohol on the 64-year-old woman’s breath. He also said that she slurred her speech and her eyes were glassy and bloodshot.

If you have been arrested or charged with operating your vehicle under the influence of alcohol or drugs, one of our Boston, Massachusetts OUI/DWI/DUI attorneys would be happy to discuss your case with you.

Our Gloucester drunk driving lawyers know how to determine the accuracy of your field sobriety test or whether law enforcement officers followed the proper procedures when apprehending you for allegedly driving drunk. There may be a number of reasons why the evidence that police have against you is inadmissible.

If you plead or are found guilty for drunk driving in Massachusetts, this will be noted on your driving record permanently. This could affect your driving privileges even if you live in another state.

Our Boston OUI/DWI/DUI lawyers have helped many clients arrested for driving under the influence of alcohol or drugs to fight and overcome these charges.

Woman pleads not guilty to drunken driving in accident with Sandra Bullock, Boston.com, April 22, 2008

Actress Bullock unharmed in Gloucester car crash, Boston.com, April 19, 2008

Related Web Resources:

DUI & DWI, DMV.Org

Massachusetts Laws About Drunk Driving, Massachusetts Trial Court Law Libraries

Continue reading "Gloucester Woman Involved in Head-On Car Crash with Sandra Bullock in Massachusetts Pleads Not Guilty " »

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Posted In: OUI/Drunk Driving

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Ex-Prison Break Star Lane Garrison will serve 3 years and 4 months in a California prison in the DUI car accident death of a California teenager.

Garrison, 27, pleaded guilty to one count of vehicular manslaughter without gross negligence, a misdemeanor of providing alcohol to a minor, and one count of driving under the influence with a BAC level of .15 or higher.

Garrison had been driving under the influence of cocaine and alcohol in December 20067 when he crashed his 2001 Land Rover into a tree. Vahagn Setian, a 17-year-old student from Beverly Hills High and a passenger in the Land Rover, died in the accident. Two 15-year-old girls, also riding in the car, sustained injuries.

The actor’s BAC level was .20, which is twice as much as the legal driving limit in California. He also had cocaine in his system at the time of the crash.

Garrison met the teenagers at a grocery store and accompanied them to a party where he allegedly drank alcohol with minors and then went back to the store for more alcohol.

Being convicted of homicide while driving under the influence of alcohol or drugs in any US state is a very serious matter.

In Massachusetts, the Blood Alcohol Concentration (BAC) level is .08. Under Vehicular Homicide Law:

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs and While Operating To Endanger: Mandatory minimum 2 ½ years and up to 15 years in state prison or mandatory minimum 1 year and up to 2 ½ years in jail; plus fines and loss of license

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs or While Operating To Endanger: Mandatory minimum 30 days and up to 2 1/2 years in jail; plus fines and loss of license.

If you have been charged with vehicular homicide and/or operating under the influence of alcohol or drugs in Massachusetts, you should speak with an experienced criminal defense attorney that knows how to provide you with a proper and thorough defense.

Actor Lane Garrison gets 40 months in jail for crash that killed teen, LA Times.com, October 31, 2007

Ex-'Prison Break' actor gets 40 months, CNN.com, October 31, 2007

Homicide, Mass.gov

Related Web Resource:

Lane Garrison News Stories, TV.com

Continue reading "Former Prison Break Star Lane Garrison To Serve 40 Months In Prison For Teen’s DUI Death" »

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Posted In: Celebrity Crimes , Murder , OUI/Drunk Driving

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TV actor Kiefer Sutherland has pleaded no contest to charges of drunk driving. The star of the TV show “24” will start serving a 48-day jail sentence in December when his show goes on a production break.

As part of his plea deal, Sutherland 18 days of those 48 days are for violating his probation for an unrelated drunk driving arrest in 2004. 30 days are for driving with a blood-alcohol level higher than California’s .08% limit. Sutherland also has been ordered to take part in alcohol-therapy sessions every week for six month, as well as sign up for an 18-month alcohol education course. . A related, misdemeanor DUI charge was dropped.

The TV actor is on probation for five years. He faces driving suspension and has to pay fines.

Sutherland will serve the 18-day part of his sentence beginning December 21. He has until July 28 to serve the last 30 days. The terms of the plea agreement allow him to serve time in jail in a manner that will not interrupt the show “24”’s shooting schedule. Sutherland’s representatives say he struck this deal with prosecutors because he did not want production to shut down while he was on trial or served time in jail—possibly affecting the livelihoods of the production members and other actors on the show.

“No Contest” Plea
A “plea” is the response of a defendant to criminal charges made against him or her. A defendant usually gives the plea during an arraignment right after the prosecution formally charges the defendant with the crime(s). A defendant can plea “guilty”, “not guilty,” and “no contest.”

A “no contest” plea means that defendant is formally accepting the punishments for the charges but is not officially acknowledging guilt. Pleading “no contest” is inadmissible as evidence of guilt if there is a related civil lawsuit, which can be a benefit to the defendant.

A “no contest” plea differs from a “guilty” plea. The defendant that pleads guilty is admitting that he or she is guilty of the charges.

“No contest’ and “guilty” pleas are often accompanied by a plea bargain. A plea bargain usually allows a defendant to receive a less severe sentence or have certain charges dropped. A plea bargain also minimizes the financial costs and publicity fallout from a criminal case—the latter of these two can be very important if the defendant is a celebrity, politician, or another famous figure. A plea bargain allows a defendant to avoid the stigma and unwanted scrutiny of a trial, as well as the uncertainty of the outcome.

If you have been arrested in Massachusetts for OUI—operating under the influence—of alcohol or drugs you should speak with an experienced criminal defense attorney right away. Your criminal defense lawyer can possibly get the charges against you dropped or reduced.

The fallout from a drunk driving conviction can be very severe. You may have to serve time in jail, get your license revoked, and be ordered to pay a fine. You will also have a conviction on your record.

Sutherland Pleads No Contest in DUI Case, AP, October 9, 2007

Related Web Resources:

Kiefer Sutherland charged with drunk driving, Los Angeles Times, September 28, 2007

Massachusetts Law about Drunk Driving

Continue reading "Actor Kiefer Sutherland Pleads No Contest to Drunk Driving Charges" »

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Posted In: Celebrity Crimes , OUI/Drunk Driving

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Movie star Lindsay Lohan will serve 10 days of community service, complete a drug treatment program, and serve one day in jail after reaching a plea deal on charges of drunken driving and driving under the influence of cocaine. As part of her deal, she will complete an 18-month alcohol education program and be on probation for 36 months.

The actress had initially been sentenced to 96 hours in jail. Her jail time was then lowered to 90 hours because of the time she served during her arrest.

Lohan issued a statement admitting that she was addicted to drugs and alcohol and was taking responsibility for breaking the law by pleading guilty to the charges made against her.

Earlier Thursday, she was charged with seven misdemeanors connected to two drunk driving arrests over the past four months. Prosecutors did not file more serious felony drug charges because they say there wasn’t enough drugs on her to do so.

Lohan pleaded guilty to two counts of being under the influence of cocaine. She also pleaded no contest to one count of reckless driving and two counts of driving with a blood-alcohol level higher than .08%. The two counts of DUI were dropped.

The movie star was arrested in Santa Monica, California on July 24 and in Beverly Hills on May 26. She tested below the .05 grams necessary to be charged with a felony drug crime both times. She entered rehab after both arrests.

If you have been arrested for driving under the influence of alcohol or drugs, you should speak with an OUI defense attorney about the charges against you.

OUI in Massachusetts
In Massachusetts, OUI—operating under the influence—is the charge given to someone who has been operating a motor vehicle under the influence of drugs or alcohol. A person can be charged for OUI if prosecutors can prove that the defendant’s ability to operate a car was impaired by driving under the influence of alcohol or drugs. Field sobriety test results and whether a motor vehicle accident occurred are some of the factors that are taken into consideration. The suspect can also be charged with OUI under the “per se” theory, which factors in the blood alcohol test (a result of .08% or more) and the arresting officers' observations.

The penalties for OUI convictions in Massachusetts:

• 1st Conviction: 2 ½ years maximum jail sentence, license suspension for 1 year, and an up to $5,000 maximum fine
• 2nd Conviction: 2 ½ years maximum jail sentence, license suspension for 2 years, and an up to $10,000 maximum fine
• 3rd Conviction: 5 years maximum jail sentence, license suspension for 8 years, and an up to $15,000 maximum fine
• 4th Conviction: 5 years maximum jail sentence, license suspension for 10 years, and an up to $25,000 maximum fine
• 5th Conviction: 5 years maximum jail sentence, license permanently revoked, and an up to $50,000 maximum fine

Pleading guilty to or being convicted of an OUI charge will stay permanently on your record in Massachusetts.

Lindsay Lohan to serve 1 day in jail in plea bargain, CNN.com, August 24, 2007

Lindsay Lohan Gets Jail in DUI Cases, People.com, August 23, 2007

Related Web Resources:

Read the Complaint from Lindsay Lohan's May 26 Arrest

Massachusetts OUI Basics, Massachusetts DMV.org

Continue reading "Lindsay Lohan To Serve One Day In Jail After Reaching Plea Agreement on Misdemeanor Drunk Driving and Cocaine Charges" »

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