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.

North Of Boston Driver Finds That The Alcohol – Cocaine-Driving Combination Makes Prosecuting Attorneys Unhappy

How did you spend your Saturday night last weekend? Well, you can tell me about it (if you really want to call me about that), but a certain gentleman from Boston’s Northern Neighbor, Salem has only his own attorney to tell about it. And, if he wants to get out of jail anytime soon, he had better hope that the lawyer is gifted in spinning that story.

Ronald M. 46, (hereinafter, the “Defendant”) was arraigned this week on a series of charges stemming from the 12:50 a.m. crash at the intersection of Bridge and Webb streets, including second-offense drunk driving and a third offense of driving while under the influence of drugs, driving while his license was under suspension for a prior drunk-driving conviction, leaving the scene of a personal injury and property damage accident, driving to endanger, two counts of resisting arrest, and failing to stop for police.

Not only this…but he did it in a borrowed vehicle!

Prosecutors in Salem District Court promptly filed a motion requesting that he be held without bail. Judge Robert Cornetta scheduled a hearing on that request for Friday. In the meantime, the Defendant will remain in custody at Middleton Jail.

Police say the Defendant, driving a borrowed pickup truck, ran a red light and “T-boned” an SUV, sending it into a utility pole. The impact sheared the pole and crushed the SUV, trapping the driver. The driver had to be extricated from the wreckage but declined medical attention.

As police converged on the scene, the Defendant, apparently a member of the famed “Hey, I’ll Bet I Can Make This Situation Worse” club tried to flee, police said in a report.

His vehicle stopped about 100 feet from the crash scene, after crashing into a curb.

Naturally, he got out of the truck and tried to escape on foot.

This did not go so well either. “He collapsed at the roadway a couple feet down. Not because he was injured … but because he was so inebriated,” said police Lt. Conrad Prosniewski.

Confident he could make the situation even worse, the Defendant struggled with three police officers when they caught up with him.

He lost the fight and was cuffed.

Not bad enough yet?

Asked how much he had to drink, the proud Defendant allegedly announced to the officers “enough.”

Still not bad enough?

He later told EMTs that he had also used cocaine, according to the police report.

The Defendant refused medical treatment for the non-life threatening injury he received in the crash, police said, and also refused a Breathalyzer test.

Police ran checks in the system and found evidence that the Defendant’s license has been revoked due to a prior conviction for operating under the influence of drugs. In fact, they found he has a “five-page record” which includes various convictions and charges. Among them are two incidents of him being allegedly drunk and on drugs (at the same time) while driving.

Well, at least he didn’t have a warrant out for his arrest already…!

At his arraignment on Monday, a judge ordered the Defendant held without bail at Middleton Jail pending a dangerousness hearing. That court date is scheduled for tomorrow to determine whether he should be held on bail or is too much of a risk to the public to be released.

Police also plan to charge the owner of the pickup truck with allowing an unlicensed person to drive his vehicle for his wisdom in the whole matter.

Attorney Sam’s Take:

Well, at least he had the wherewithal to refuse the breathalyzer. Now, they’ll never prove he was drunk, right? I suppose they could have tried the field sobriety tests…but, then, if he could not carry himself far from the vehicle without falling down…what would be the point?

Clearly, the Defendant in this matter has a fair amount of criminal exposure here. He also, by the way, is at great risk for a decent lawsuit or two, particularly from the driver he hit. By the way, the poor soul who lent him the vehicle, under the law, is also liable civilly for damages sustained due to the Defendant’s acts in the truck.

As I am sure you know by now, drunk driving cases are treated seriously by both the Criminal Justice System as well as the Registry of Motor Vehicles. Little tidbits like leaving the scene causing both property damage and personal injury and driving after your license has been taken away and driving while on drugs in addition to the alcohol tends to be frowned on alittle too.

Whether or not the judge decides to keep the Defendant locked up during the pendency of the case, it is likely that the Defendant is looking at jail time. Under the law, Massachusetts drunk driving, second offense, is punishable by incarceration. Of course, even if it wasn’t…there are a host of other charges as well.

While the Defendant has been charged with resisting arrest, he could also be charged with Massachusetts assault and battery on a police officer. Speaking of which, he could also be charged with assault and battery with a dangerous weapon (the truck) for the striking of the other driver. That would be a felony. While perhaps accidental, it was caused by the Defendant’s voluntary acts and condition. It also, by the way was done during the commission of a crime (the various driving charges).

If the Defendant hopes to go home on Friday, or any time soon, he had better hope his attorney has a lot of experience and is very gifted!

The full articles of this story can be found at http://www.wickedlocal.com/salem/news/x617078109/Driver-in-crash-is-charged-with-repeatedly-driving-drunk-and-drugged and http://www.salemnews.com/punews/local_story_062001458.html

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