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 Road Drunk Driver Asked, “Do You Want A Lawyer With That Burger?”

Raymond A., 51, of Hampden, (hereinafter, the “Defendant”) was hungry. He just wanted a burger. But he was watched by an ambulance driver. Now, he needs an attorney.

Springfield District Court was the venue for the Defendant’s little adventure to end. According to law enforcement, he had been driving under the influence of alcohol.

The adventure began at approximately 2:00 a.m. as an AMR ambulance driver observed the Defendant’s pickup truck driving erratically in AMR’s parking lot, according to Sgt. John M. Delaney, executive aide to Police Commissioner William J. Fitchet.

Perhaps thinking that his services might be needed at any moment, the ambulance driver followed the truck.

She did this while keeping the police informed of the truck’s route of travel while keeping it in sight.

Finally, she followed the truck into a McDonalds on Boston Road, where the Defendant, the driver of the truck, attempted to order food from a drive-up window.

There was a problem with the service…there wasn’t any. The place was closed.

After awhile, the Defendant is said to have left his truck, stumble to the restaurant’s door and try to get into the restaurant.

Finally giving up, perhaps deciding to look for a Wendy’s, the Defendant was observed getting back into his truck and driving down Boston Road to Parker Street.
That is where he was greeted by law enforcement and fitted for the Commonwealth’s Bracelets Of Shame.

“The AMR worker did an outstanding job in her calm demeanor and with keeping him in sight until the police were able to pull him over and arrest him,” Delaney said.
The Defendant has been charged with Massachusetts Operating Under The Influence.
No word as to whether he ever got his burger.

Attorney Sam’s Take:

Ok, I have had my fun with the burger angle of this story.

The subject of drunk driving is, of course, no laughing matter. People’s lives are ruined and people’s lives are ended.

As I have noted in the past, the days are gone where drunk driving is treated as something other than a serious crime. For example, repeated convictions for drunk driving can now land people in jail.

When I say “repeated”, I mean starting with two.

For some defendants, it is a completely voluntary crime of choice. However, for others, it is not. It is a compulsion necessitating treatment. In any event, it needs to be treated seriously by any such driver.

In my approximately quarter century of experience in the criminal justice system, I have yet to meet a driver who can simply shrug off accidently hitting and killing someone while driving. Such a situation is not eased when also facing a wrongful death civil action.

I have also not met many people who look forward to spending years, or even months, in jail or state prison.

The issue is a serious one.

If you have a drinking problem, particularly if it results in driving while intoxicated, you need to get help with that. Sorry, I, myself, cannot treat that.

What I can treat, however, is any resulting investigating, law suit or prosecution. At Altman & Altman, LLP., we have experienced attorneys who can provide excellent representation for resulting law suits. If you have reason to believe you are being investigated (for example in connection with charges of leaving the scene of an accident) or are actually being prosecuted for such driving crimes…that’s my area of expertise.

If you are unfortunate enough to be facing either situation, call us and see if we can help.

The chances are, we can.

By the way, there’s also a McDonalds near the office.

The full article of this story can be found at http://www.masslive.com/hampfrank/republican/index.ssf?/base/news-19/1238487763249960.xml&coll=1

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