Boston Criminal Lawyer Blog

You know how the Boston Criminal Lawyer Bog keep telling you that if the police are after you to stop...you should stop?

Here is yet another example of a young man who did not see it quite that way. Now, he has only increased his criminal justice woes.

Of course, our 16-year-old Westford gent (hereinafter, the "Defendant") had some outstanding problems t begin with. More specifically, there was an outstanding warrant for his arrest due to a probation violation in a felony matter.

If you are not going contact an experienced criminal defense attorney and arrange your return to court (which you should), it might be wise to lay low for awhile.

He didn't.

According to law enforcement, he was driving at speeds of up to 100 miles per hour Monday night. First, Westford police tried to flag him down. No go.

The car chase went from Westford to Weston.

Westford police finally requested that Massachusetts State Police in Concord help them track down the Defendant on Route 3. The state troopers gave chase, using of police vehicles as well as overhead support had to be used.

The chase continued to Route 128, the Metro Boston State Police joining the event and on to Route 30. According to police, this is where the chased ended...when the Defendant crashed into a guardrail.

He was then taken into custody.

He was held overnight without bail by police before he went to court.

Attorney Sam’s Take On Police Chases

The Defendant, simply by not stopping in a chase he was destined to lose, has worsened his situation.

Continue reading "MASSACHUSETTS POLICE CHASE APPREHENDS JUVENILE WITH PROBATION VIOLATIONS" »

As you may be aware, there is a legislative effort underway today to change the laws regarding the use of cell phones while driving in Massachusetts.

Most people seem to be for it.

But is there really a need for it?

Attorney Sam's Take On Redundant Criminal Statutes

The first statute, the one in effect now, was passed around a year ago. That law made it illegal for anyone to text while driving and illegal for anyone 18 years or under to use a cellphone at all while driving.

Apparently, folks are not satisfied with the results.

Continue reading "A BOSTON CRIMINAL LAWYER DISCUSSES MA MOTOR VEHICLE CELL PHONE USE LAWS" »

This experienced Boston criminal lawyer checked into Boston.com this morning to get a view of what was happening over the weekend in the Commonwealth. It would appear that ‘Tis already the season for vehicular crimes throughout the Bay State.

• In Peabody, an 88-year-old woman was struck by a car at a major intersection. According to authorities, she suffered life threatening injuries, including head injury, from the collision. No criminal charges have been brought yet as the matter is still under investigation.

• In Springfield, two people, including a woman who is seven months pregnant, were injured in a highway collision due allegedly to one car swerving in and out of lanes and losing control, spinning into a guardrail, and travelling back into another lane. A second vehicle apparently swerved to avoid the first vehicle and crashed into another guardrail. Firefighters used the Jaws of Life to help folks out of their vehicles. While the matter is still under investigation, law enforcement says that civil motor vehicle infractions citations will be brought against the first car.

• A Haverhill motor vehicle homicide allegedly took place, killing a woman who was known to care for nearly 200 foster children, collected Christmas gifts for kids and provided meals for the poor at Thanksgiving. She was on her way to church when she was allegedly struck by a drunken driver.

• On Friday, the driver of a car involved in a crash that killed a Framingham State University student this month was charged with Operating Under the Influence and vehicular homicide.

All this…and we have barely had any snow on the ground yet…!

Attorney Sam’s Take Motor Vehicle Crimes And The Holidays

The stories of car accidents and fatalities may not be as exciting to read as the myriad of recent stories concerning sex crimes and other assault and battery cases in schoolyards and locker rooms, but they are no less serious.

For everyone involved.

Continue reading "MOTOR VEHICLE CRIMES AND TRAGEDIES ARE ALREADY NEWSWORTHY IN MASSACHUSETTS ONE WEEK BEFORE CHRISTMAS" »

Last week, the Boston Criminal Lawyer Blog discussed criminal prosecutions which result from unintentional acts. One of the things we discussed was Massachusetts motor vehicle crimes that result from car accidents.

Of course, not all such prosecutions result from mere accidents.

Take an incident at Boston University which occurred last week. There was a road rage incident which really got out of hand and resulted in the arrest of two men on Commonwealth Avenue.

The matter apparently came to the attention of law enforcement while it was in mid-stream. Their attention was first drawn to 42-year-old Nick Miller (hereinafter, “Bike Smasher”) as his vehicle struck a bicyclist. Bike Smasher’s car dragged the bicycle and the victim through a red light. Upon further inspection, they noticed that the car’s windows were broken.

However, this turned up to be the tip of the proverbial iceberg.

Apparently, after the bicyclist was struck and dragged, another gentleman entered the scene. Leaving a vehicle on the other side of the intersection came 39-year-old Rocky Jace (hereinafter, “Slugger”). He was carrying a tire iron. He then used the tire iron to smash Bike Smasher’s windshield.

According to witnesses, Bike Smasher and Slugger had been engaged in a road-rage fight before the bike was hit. It was at that time that Slugger apparently broke the rear and side windows of Bike Smasher’s vehicle.

Now, after the striking of the bike, Slugger was back to continue the job.

However, the police on the scene had other ideas. They charged Slugger with Massachusetts Assault and Battery by means of a Dangerous Weapon, Driving to Endanger, Malicious Destruction of Property and various motor vehicle violations. Bike Smasher was charged with assault and battery and malicious destruction of property.

Both gentlemen are apparently from Providence and knew each other from work.

The bicyclist is a recent College of Arts and Sciences graduate. He indicates that he is grateful to be alive and does not remember jumping from his bike, which probably saved him. He reportedly had bruises and scrapes but refused medical attention.
That is not likely to help the resulting civil lawsuit.

The bicycle, according to accounts, was damaged beyond repair.

Attorney Sam’s Take MA Road Rage And Related Crimes

Road Rage, like hate crimes, is a category of crime. The actual offenses, as you can see above, break down to assault, battery, malicious destruction of property and the like.

Continue reading "Road Rage Near Boston University Results In Assault, Battery And Motor Vehicle Criminal Charges" »

Cara Della Barba is a 28-year-old finance manager at the Dana Farber Cancer Institute. If you look at the photo of her in court, you would think she was one of the Boston criminal attorneys. You would not suspect that she is hereinafter referred to as the “Defendant”. But she is.

According to the Commonwealth, as described at her Dorchester District Court arraignment, she was wobbly, glassy-eyed and reeking of booze when she drove the wrong-way and drove into a state police cruiser Saturday. The prosecutor explained that the Defendant’s relationship with the truth at the time was somewhat periodic.

At first, after the accident, the trooper came to her car and told her that she had just smashed into a police car. Her alleged response? She claimed that she had not hit anything. Then, when questioned about alcohol use, she is said to have told the troopers that she had had “a lot to drink” at a friend’s party. She is said to have then begged them to simply take her home.

Apparently, they found another option. They drove her to their (police) house.

At the barracks, Defendant is accused of trying to sabotage her blood-alcohol test by halfheartedly blowing into a Breathalyzer. The troopers marked said attempt down as a “refusal” to take the test, thereby triggering an automatic loss of driver’s license.

Continue reading "Boston Professional Woman Needs Experienced Boston Drunk Driving Attorney" »

A Boston police officer collided in Mattaphan with a Boston fire truck yesterday afternoon

While Boston Fire Department Ladder 29 was on its way to a reported car accident, and had its lights and siren activated at about 3:40 p.m., it crashed into the police officer who was driving home from work. The officer was driving his silver sport utility vehicle. The accident happened at the intersection of Harvard and Morton streets.

After the impact, both men went their separate ways to separate hospitals, both reportedly suffering non-life-threatening injuries. Apparently, the accident was such that it caused the ladder truck to swing around and crash into a traffic light, knocking it over.

Unsurprisingly, neither identity has been revealed.

While there has been no immediate word on what caused the crash or who crashed into whom. A Boston investigation is being conducted by the police.

Continue reading "Boston Police Officer Runs Into Boston Fire Truck In Mattapan…Literally" »

How many times have I said it? “All it takes is one very bad day...or bad moment...or bad decision. Mattapan’s Edwin Depeize, a 63-year-old bus driver ( hereinafter, the “Defendant”) had one such moment yesterday morning.

According to reports, the Defendant, a school bus driver, was stopped by law enforcement so that he could be given a Dorchester traffic citation. Apparently, said citation incensed the Defendant. Perhaps he thought such a ticket was beneath him. This theory would make sense because he immediately did everything possible to up the ante.

Rather successfully, I might add.

First, the Defendant allegedly refused to hand over his license and registration. Next, he argued with the police officer who finally ended the “conversation” by telling the Defendant to drive along his merry way. The Defendant did not feel all that “merry”, and so he sped away instead.

Or tried to.

Continue reading "Mattapan School Bus Driver Turns Traffic Citation Into Motor Vehicle Crimes" »

Poor Louise Nelson! The 49-year-old Woburn woman (hereinafter, the “Defendant”) must have missed my approximately 450 blogs warning people about involuntary indoctrination into the “Hey, I Bet I Can Make This Situation Worse!” club.

You see, the Defendant apparently had a suspended Massachusetts driver’s license. One usually does not need to be a Boston Traffic Attorney to realize that it is a bad idea to be driving under such circumstances.

However, the Defendant was indeed driving according to law enforcement. They say that, at approximately 10 a.m. this morning, Woburn police contacted the state police after noticing that not only was the Defendant driving, but that her vehicle did not have any license plates. This too, as you may know, is a motor vehicle legal no-no. After the local police tried unsuccessfully to stop her, the Defendant had allegedly refused to stop and, instead, drove onto Route 128. There, state police tried to get her to pull over.

They, too, were apparently unsuccessful.

Continue reading "Woburn Woman With Suspended License Leads Massachusetts Police On Chase…And Loses" »

Yesterday, Wayne Leduc, 40, of Milton (hereinafter, “Trooper Crasher”) pleaded not guilty to charges of drunk driving and operating to endanger and went home after posting bail. One would hope that he was not his own transportation home, Either way, he had better be careful out there.

Simply put, it seems to be getting more and more dangerous to commute in any way here in the Commonwealth!

Trooper Crasher’s charges resulted from a little problem he is said to have had on Interstate 93 in Quincy. It happened on Sunday morning. According to the Commonwealth, he was involved in accident which injured a state trooper. Oh, yes...and they say he was under the influence of alcohol as well.

Apparently, the 43-year-old trooper had pulled over another vehicle at the spot in Quincy. He was standing in front of his cruiser when Trooper Crasher smashed into the rear of the cruiser, propelling it into the trooper, according to the state police.

The trooper suffered leg injuries and was taken to Boston Medical Center for treatment. Other troopers who responded to the scene arrested Trooper Crasher.

One might think that this type of thing does not happen very often. One would unfortunately be incorrect. For example, last Wednesday, another trooper was seriously injured on Route 30 in Framingham when his cruiser was struck head-on by a car that crossed the median. Further, in the past year, we have had several cases wherein troopers were stuck, sometimes killed, when vehicles struck them on various roads.

Continue reading "Criminal Defendants From Medford To Milton Learn Lessons About OUI, Assault And Dangerous Weapons" »

Wiilliam J. Halpin III, a 25-year-old Melrose man (hereinafter, the “Defendant”) is likely not looking toward this week with glee. According to the Commonwealth, he was a bit too gleeful Friday night. Self-induced narcotic-type of gleeful. In other words, he is accused of driving his SUV under the influence of drugs. But it does not end there.

He got into an accident which killed one man and wounded a six-year-old boy.

Today, he is due in court to face the resulting charges. The state police arrested and held him at the scene of the accident. The accident took place on Route 1 in Lynnfield. It is also alleged that the Defendant struck one, not two, vehicles.

According to the Commonwealth, the Defendant drove his SUV into a taxi cab and a second vehicle, both of which were in the breakdown lane near the Fat Cactus restaurant. Ironically, the accident occurred while those two drivers were in the midst of exchanging papers after a different, more minor, crash.

Victor Vargas, a 42-year-old taxi driver from Lynn and father of two, was later pronounced dead at North Shore Medical Center Union Hospital in Lynn.

Continue reading "Melrose Driver In Lynnfield Accident Is Arrested For OUI, Drug Possession And Motor Vehicle Homicide – Attorney Sam’s Take" »

Happy President’s Day! I see that the Commonwealth has been celebrating the long weekend by making all presidents, both past and present, grateful that they no longer need to ride public transportation.

Let’s first turn to Lynn first. There, an MBTA bus driver has been suspended after allegedly having a bit of an issue with a passing vehicle. According to an MBTA spokesman, the driver is said to have thrown a coffee into the passing vehicle.

Apparently, the incident took place when the bus was pulling out of a bus stop. It was then allegedly cut off by a pick-up truck. Being mature Massachusetts drivers, the two exchanged heated words. Then, showing a real outbreak of responsibility, the bus driver is reported to thrown a cup of coffee into the truck, striking a passenger.

The truck driver reported the incident to police, and the bus driver was pulled over in Peabody.

The bus driver has been suspended and is now awaiting a court summons.

As unfortunate as the truck driver was, at least he is still alive. You see, another gentleman was actually struck and killed by a red line train in Cambridge this weekend.

Continue reading "Massachusetts Homicide And/Or Assault Charges May Issue Against MBTA Drivers – Attorney Sam’s Take" »

A Roslindale man has allegedly learned a criminal justice lesson on the topic of hit-and-run accidents. Namely, you can hit. You can run. But you cannot hide.

Colin Ratiu, 23 (hereinafter, the “Defendant”) is the=is unfortunate driver according to the Commonwealth . He was arraigned in court yesterday after pleading “not guilty” to charges of leaving the scene of an accident after causing death, and motor vehicle homicide by negligent operation.

The accident happened in November. The Defendant was using someone else’s car and is said to have explained the damage on the vehicle by saying that when he had swerved to avoid a skunk, he ended up hitting...”something”.

In fact, what the car actually struck was a 24-year-old Northeastern University graduate driving home in a scooter. The scooter was thrown about 150 feet. The graduate was killed.

“He then proceeded to drive away without stopping,’’ the prosecutor told the judge yesterday.

Homicide detectives began the investigation immediately, but it was not until 89 days after the accident that an anonymous tip led them to the car that had allegedly been driven by the Defendant that fateful night. The damage on the vehicle was consistent with what they were looking for. Upon questioning, the vehicle’s owner told the detectives about the Defendant and his skunk story.

Continue reading "Roslindale Man Is Charged With Leaving The Scene Of An Accident And Vehicular Homicide In Boston – Attorney Sam’s Take" »

This past year, there was a lot of attention paid to Massachusetts drunk drivers and those who drive negligently. For example, a new law was passed to prevent people from texting while driving.

We also had more than our fair share of vehicular homicide cases, including the killing of a police officer due to Massachusetts motor vehicle crimes.

There was one vehicular homicide matter, however, that may not have gotten enough attention. I say this only because it happened again.

Two cars were involved in an accident this weekend which left two cars overturned on interstate 495. Fortunately, nobody was killed.

The cause according to the Commonwealth?

One driver, Jenifer M. Scott, 43, of Milford (hereinafter, the “Defendant”) fell asleep and so lost control of her vehicle. A second driver, at 51-year-old man from Harvard, took measures to avoid the Defendant’s Toyota Corolla and, as a result, went over the guardrail and rolled down an embankment. His 56-year-old female passenger was taken to Marlborough Hospital with minor injuries.

Continue reading "Milford Sleepy Driver Charged With Driving To Endanger - Attorney Sam’s Take " »

It would appear that this Massachusetts driver thought ahead. Realizing that the coming storm would make it difficult to go out and drink, Ms. Tara Tobin (hereinafter, the “Defendant”) got in one last trip just before the snow. The result was not too pretty.

The Yarmouth police say that the Defendant admitted that she had drunk six or seven beers in Dennis before driving.

What happened? The crash took place Tuesday night around 9 p.m..

The unusual part? According to the police, the Defendant, whatever condition she was in, did not cause the accident.

Apparently, a 47-year-old emotionally disturbed man jumped into the path of a Dodge Dakota pickup truck. The truck's driver swerved to avoid the man and was then rear-ended by the Defendant’s car..

The man suffered serious, but non-life-threatening, injuries and was taken to Cape Cod Hospital, police said.

Continue reading "Massachusetts Drunk Driver Admits Guilt But Is Not Responsible For Vehicular Accident- Attorney Sam’s Take " »

A pedestrian was killed Sunday afternoon outside a Massachusetts State Police barracks in Andover after being hit by an alleged drunk driver. The 30-year-old Bradford woman was walking to her car after leaving the barracks around 3 p.m. when she was struck by a pick- up truck on Route 125.

Robert Bryant, a 50-year-old from Bradford, was arrested and will be charged with motor vehicle homicide, operating under the influence of liquor, negligent operation of a motor vehicle, and leaving the scene of a crash that caused personal injury. He will be arraigned Monday, December 13th, in Lawrence District Court.

Source: The Boston Globe, Pedestrian killed outside Andover barracks, driver faces OUI charges

This man should immediately hire a criminal defense lawyer to minimize his convictions and penalties (if any). This story shows how those charged with motor vehicle crimes commonly face multiple charges arising from the same incident. It also leaves many questions that may be relevant to a defense unanswered including how the police determined to stop Bradford (since the driver who struck this woman left the scene) and how they came to the conclusion that he was drunk. Bryant’s best bet is to contact an attorney with experience in motor vehicle homicide, OUI, and hit and run who will leave no stones unturned in building his defense.

Continue reading "Bradford Man Arrested After Pedestrian Killed in Andover " »

Today’s tale takes us to the town of Quincy, where a local gentleman is having issues with the criminal justice system. His issues surround his driving license. You see, it had been revoked three times. Now, he faces a plethora of criminal charges, including Operating Under The Influence.The gentleman, Rony S. Santos-Cruz, 24, (hereinafter, the “Defendant”) has entered a not guilty plea in Quincy District Court and posted $1,000 cash bail to regain his freedom in his latest crash into the judicial system.

According to Assistant District Attorney Erin McFarland of Quincy, the Defendant, while under the influence, struck four vehicles. Oh, and he was driving while his license was revoked. Again. She also explained during arraignment that the Defendant admitted to driving the blue Buick involved in the accidents, and that the vehicle he was driving had severe front end damage, including a blown tire and several dents and scratches.

Apparently, when asked where he was going and where he had come from, the Defendant answered , “home”.

I imagine it was simply a round trip to the parked cars and back.

Allegedly.

Continue reading "Attorney Sam’s Take: Massachusetts Driver With Three Revoked Licenses Is Arrested For OUI And Other Criminal Charges" »

Philip Wuonola, a 19-year-old Waltham man, pleaded not guilty on Wednesday to motor vehicle homicide charges arising from a May crash that killed a 9-year-old boy. It is alleged that Wuonola ran a stop sign when he was delivering pizza for Domino’s.

Wuonola was arraigned in Waltham District Court and was released on personal recognizance. The Middlesex District Attorney’s Office told the Boston Globe that Wuonola was driving a 2002 Mazda Protégé when it collided with a Jeep Grand Cherokee SUV at a Waltham intersection. The SUV was overturned from the impact and the 9-year-old, who was not wearing a seatbelt, was ejected and later pronounced dead at Newton Wellesley Hospital. The boy’s mother survived.

Wuonola’s attorney told the Globe that his client is traumatized and devastated by the death. The attorney also said that he will pursue the issue of whether the death was caused by the mother’s failure to use a seatbelt for the child or by the crash.

Although it is unclear from the article, this is may be a misdemeanor charge because there is no mention of the teen driver being under the influence or alcohol or drugs. If that is the case, then the maximum penalty that he would be facing is up to 2 1/2 years in jail or a house of correction or by a fine of at least $300 and up to $3,000, or both. To be convicted, the prosecutor will have to prove that Wuonola was operating the vehicle recklessly or negligently. It will be interesting to see how the attorney approaches this issue of the cause of the boy’s death. It is a smart and absolutely necessary issue to raise because the leading cause of death for children in accidents is lack of seatbelt use. The attorney will have to approach it with finesse and sensitivity if the case goes before a jury, though.

Source: The Boston Globe, Waltham man pleads not guilty to motor vehicle homicide charge

Continue reading "Waltham Teen Pleads Not Guilty to Motor Vehicle Homicide" »

A 26-year-old man from Roslindale has been charged with vehicular manslaughter and driving while intoxicated. The Boston Globe reported that Patrick Smith, a New Jersey man, was driving along the Major Deegan Expressway in New York City when he collided with a vehicle driven by Pablo Ovalles, who was driving north in a southbound lane. Smith was pronounced dead, and Ovalles is being hospitalized.

Source: The Boston Globe, Roslindale man charged in fatal crash

The potential consequences of drunk driving are serious everywhere. If this man had been charged in Massachusetts, then not only would he be facing jail time, but he would also be facing loss or suspension of his license, large fines, and much more. At Altman & Altman, we’ve successfully defended clients in countless drunk-driving cases.

If this man’s vehicular manslaughter charge had been a Massachusetts one, then the issue of whether he’d be looking at a felony or misdemeanor would depend on the circumstances. In Massachusetts, vehicular homicide is a felony where the driving was both negligent/reckless and the defendant was drunk. It’s a misdemeanor where the defendant was either reckless/negligent or drunk.

Continue reading "Roslindale Man Charged in Fatal NY Car Crash " »

A speeding car near 1400 Tremont St. in Roxbury killed a man riding a scooter on Sunday night. The vehicle then kept going and headed toward Brigham Circle.

The man was pronounced dead at Brigham and Women’s Hospital. He has not been indentified awaiting notification to his family.

The police have not yet released a description of the vehicle.

Source: The Boston Globe, Scooter driver killed in Roxbury hit and run

When a person dies because of a hit and run, the driver will be charged with a felony. The punishments can be very serious. If you have been involved in a hit and run, it is strongly recommended that you immediately contact an attorney with hit and run experience.

Continue reading "Hit and Run in Roxbury Leaves Scooter Driver Dead" »

Yesterday morning, as I was driving to the Boston Municipal Court, I received a text message from Altman & Altman’s fearless leader, Attorney Steven Altman.

Uh-oh. What to do when the big man summons?

Well, in this case, what I did was...nothing. In case you have not been paying attention, there is a new law in town which outlaws, among other things, texting while driving. Once a frequent offender, I have embraced the new law as a way to drop this bad and dangerous habit.

What’s that? You think the new law is stupid and over-emphasizes the precariousness of surviving driving on today’s Massachusetts roads? Hmm...maybe you are right. Let me think on that as I peruse yesterday’s news stories.

Well, first I see why my arrival at the BMC was so late yesterday. I drive on Route 107.

Boy, was there a tie-up!

Apparently, A 61-year-old Peabody woman died thereabouts after a front wheel came loose on her car, the vehicle went out of control, careening into the Saugus River near the Revere-Saugus line, authorities said.

Continue reading "Vehicular Homicides, Drunk Driving And Other Dangers On The MA Roads...Over-Emphasized? " »