Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Boston Driver Creates New Lane And Chaos On Route 93, Adding Multiple Charges To Operating Under the Influence

It would seem that some people are never satisfied. Now that “The Big Dig” is completed, one particular driver was unhappy with the lanes created by the extensive project. Her solution was apparently to create a “speedy-reverse lane”.

Siobhan H, 21 years of age and Norwood of residence (hereinafter, the “Defendant”) was in court this past Friday facing various charges for her ingenuity. She had come to the attention of police when calls were received of a driver traveling on the wrong side of the highway at the Hanover exit on Route 3. She continued in her special lane, traveling almost 20 miles in the wrong direction on I-93 Southbound all the way to Dorchester in her 1998 Chevrolet Malibu. She drove at speeds over 100 miles per hour, according to the authorities.

When the police tried to stop her, she did what one would expect she would do; she tried to out-drive them. During the chase, the Defendant slammed into one car and jersey barriers. Finally, the police blew out her tires through use of “stop sticks”.

While the car chase, and the existence of her individualized lane, had now ended, the Defendant, was not quite ready to call it a day. So, she took off on foot into nearby woods. However, the inevitable did occur. She was found by state troopers and the K-9 section near the Neponset River.

Based upon keen observation of the Defendant’s demeanor and actions, the officers administered a field sobriety test and a portable breath test. She apparently consented. It was a shock to none that she failed the tests. Sources said Her blood-alcohol level was twice the legal limit.

According to prosecutors, discussion with the police further reflected her…unique… attitude.

The officer told her, “You are lucky you didn’t kill someone”

Her response was “Yeah, but I didn’t.”

Ever seeing the glass half-full, she posted bail Friday evening. She now awaits a Pretrial Hearing.

Sam’s take:

You know, there are some days when this daily blog just seems to write itself.

Needless to say, while creativity is usually appreciated in this world, there are limits. You do not get to create your own high speed lanes going the wrong direction on highways. You do not need me to tell you that it is dangerous and illegal…in the extreme. You also know that driving drunk is similarly frowned upon.

Once again we have a defendant who seems to be a devoted member of the “Hey, I’ll Bet I Can Make This Worse” club. Aside from the obvious original crime which risked the lives of herself and everyone else on Routes 3 and 93, she tried to outrace the police while driving. She tried to outrun the police on foot. She had the absolute need to open her mouth while being arrested, giving the prosecutor even more evidence to use against her to the judge and/or jury.

She also, by the way, showed the poor judgment to agree to both field sobriety tests and the breathalyzer. While nothing has yet been proven beyond a reasonable doubt, let’s stretch our imaginations and consider the possibility that she had been drinking…to whatever state of inebriation. She knows she just drove like a crazy person and then led the police on a chase that ended in their popping her tires after she had already hit one car and the jersey barrier. What could she hope to prove by way of the two tests?

In Massachusetts, one loses one’s license for a time if the tests are refused. Did she really think that her license was not already about to be, at least, suspended? Giving new meaning to the term “dangerous driver”, combined with any other suspicion that she had been drinking was going to cost her the license for a time. Now, she has done her very best to ensure that it is for the longest time possible. Of course, she will not be needing to drive too much if confined to the local jail or state prison for the variety of charges she will now face.

Once again, if the police pull you over…go over. Particularly if you know you have been drinking, politely refuse the tests. Do not indulge the desire for clever repartee with the officers. Chances are, if you may be drunk, it will not be so clever.

Simple wisdom here, folks. Be quiet. Comply. Get a lawyer…fast.

Samuel Goldberg is the senior criminal defense attorney at the firm of Altman & Altman, P.C. A former prosecutor in New York, he has worked as a defense attorney in Boston over 18 years. He frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network

The full article of this story can be found at http://www1.whdh.com/news/articles/local/BO90313/

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