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.

Massachusetts Man Charged with DWI Accident Wants Victims’ Credibility Questioned

In Massachusetts, a former Massachusetts National Guard sergeant is combating DWI charges involving a Concord bicycle accident that injured two cyclists. Adam Lamothe, 26, was going to plead guilty to the criminal charges of two counts of conduct after an accident and aggravated driving while intoxicated, but now he’s retained a new Massachusetts criminal defense law firm and he wants to question the victims’ credibility.

The deadly Concord DWI accident occurred in August 17, 2007 when they were struck by Lamothe’s motor vehicle on South Main Street early in the morning. The two bicyclists, Daniel Gallant and Adam Boyer, got hurt. Boyer, who sustained a traumatic brain injury and a fractured skull, almost died. Meantime, Lamothe didn’t stop the car after striking the two men. When police apprehended him, he had a .17% blood alcohol level.

It turns out, however, that both men have criminal records. Now, Lamothe’s attorney wants to use these past convictions, which are admissible at trial, to help jurors determine whether the victims can be trusted to tell the truth. Gallant, who was convicted of child sexual assault, served 10 years in prison. Lamothe’s defense team believes this is important, because Gallant tried to conceal some of this history during a pretrial deposition. Boyer, was convicted in 1998 of physical assault.

It will be up to a judge to determine whether revealing the details of the men’s criminal records will outweigh any unfair prejudice or mislead a jury. Merimack County prosecutor Wayne Coull wants to keep the two men’s criminal histories out of court. He doesn’t believe their credibility should be an issue for this case because the two men weren’t even aware that they’d been hit by a motor vehicle until they recovered from their injuries.

Combating Criminal Charges
If you have been charged with a Massachusetts crime, you are entitled to representation by a Boston criminal defense law firm that will exhaust every avenue of defense on your behalf. Situations and circumstances are not alway what they seem and having an experienced criminal defense lawyer by your side is the best way to make sure that you don’t get lost in the legal system and that there is someone fighting for you to ensure the best outcome possible for your case.

Cyclists’ past crimes may enter DWI trial, Concord Monitor, April 29, 2009
Driver Charged With DWI After Bicyclists Hit, WCVB, August 17, 2009

Related Web Resources:
Drunk Driving, Justia
Criminal Defense Lawyer, FAQ
Our Boston DWI lawyers would like to offer you a free case evaluation.

Contact Information