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.

Attorney Sam’s Take: Three Deaths On Massachusetts Streets In 48 Hours

Well, this week has not been particularly good on the streets of Massachusetts. At least three deaths in two days alone! Lots of fodder for lawyers.

“Well, of course not, Sam”, you tell me. It was raining to almost biblical proportions!”

Yes, well that ended on Monday. It’s been kind of sunny the rest of the week, which is when the deaths occurred.

For example, Bruce F., 46 of Salisbury (hereinafter, “Fatality #1”) was fatally injured when he was hit by a car after stepping into the right lane on Route 95 South in Newbury at about 7:30 p.m. on Tuesday night.

In a second incident, occuring Wednesday morning at approximately 3:36a.m., an unamed gentleman (hereinafter, “Fatality #2”)was struck and killed by a commercial vehicle at Route 93 southbound at Woburn Street in Wilmington. In that matter, the authorities have surmized that Fatality #2 might have jumped from an overpass before being hit.

Both cases are under investigation by the state police.

Meanwhile, another death took place early Wednesday morning after a police chase. The driver (hereinafter “Fatality #3”) was allegedly trying to evade police in Wayland who had attempted a traffic stop of his vehicle.

The police tried to stop Fatality #3 while he was heading southbound on Route 27, just after 2 a.m. According to the police, he refused to stop, continued at a high rate of speed, and lost control of the car, crashing just south of Woodridge Road.

The driver, the sole occupant of the car, was brought to Metrowest Medical Center in Natick, where he was pronounced dead.

The police have not yet revealed the identity of the driver or why they were trying to stop the car.

This accident is being investigated by Wayland Police and the State Police Accident Reconstruction Team.

Vehicular crimes, which can include, among others, leaving the scene, homicide and assault, have been increasingly under scrutiny over the years. Gone are the days when tales of drunk driving are treated with a wink and a nod, resulting in a funny story at the water cooler the next day.

We are also living in a time when accidents are seldom accepted as nobody’s fault. Further, while said fault used to be primarily the fodder of civil lawsuits, the criminal justice system often becomes involved. It would seem as though, while in days gone by, there had to be a particular reason for the criminal justice system to become involved, the reverse is now true. No need for involvement by the criminal justice system has to be established affirmatively to avoid criminal courts.

In the the first two of these instances, the state police are still investigating whether criminal charges should be brought. Of course, in the case of Fatality #2, the assumption is that the “wrongdoer” was the person who died. Should this be the conclusion, of course, no prosecution is likely to occur.

In the case of Fatality #3, it would appear that the determination of guilt has already been established. He who would be charged is he who is now he who is deceased.

The matter of Fatality #3 also brings home another impoftant point that I have repeated in these blogs many times. Namely: DO NOT TRY TO OUT RACE HE POLICE!!!You will not win. You may end up causing more damage and bring more charges on yourself. Of course, as is in the case of Fatality #3, you may end up dead.

It is worth remembering that driving a motor vehicle is not a right. It is considered a priviledge. It is a priviledge that is licensed by the state and said license can be revoked for a whole host of reasons, including nonpayment of child support, default warrants, and drug convictions. This is to say nothing of the other reasons which directly link to driving, such as drunk driving findings, nonpayment of tickets and the like.

Gone are the days in which a motorist’s ability to drive is sacrosanct. Be aware.

Finally, keep all this in mind when facing the possibility of criminal investigations. Many such investigations could lead to revocation of your license to driveā€¦not to mention your liberty itself.

Got investigation? Get legal advice!

Should you find yourself or someone you care about to be facing such serious charges as these and wish to discuss the matter with me, please feel free to call me at (617) 206-1942.

For the full articles upon which today’s blog is based, go to

http://www.boston.com/news/local/breaking_news/2010/03/two_killed_in_p.html and http://www.boston.com/news/local/breaking_news/2010/03/driver_killed_f.html

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