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.

The Boston Criminal Lawyer Blog Reveals A North Of Boston Drunk Driving Matter With A Twist

Just to show you that the Boston Criminal Lawyer Blog is not only focusing on kids these days and their foibles, such as attempted murder, we discuss today a slightly older gentleman in need of counsel…lots of it.

The gentleman, Michael G., 31 (hereinafter, the “Defendant”) hails from Salem and was arrested in Swampscott for operating under the influence as well as one or five other charges. He was apparently not charged for other, somewhat unusual items of interest in his car.

The Defendant was brought to the Lynn District Court where he was charged with operating a motor vehicle under the influence of alcohol, negligent operation of a motor vehicle, operating a motor vehicle with a suspended license, drinking alcohol from an open container in a motor vehicle, marked lanes violation and following too closely.

Swampscott police had been alerted to the Defendant, who is a student at Wentworth in Boston, as he sped by on New Ocean Street around 3:30 a.m. April 30.

As the police followed him, the Defendant is said to have been weaving all over the road and tailgating another vehicle, before he was pulled over on Paradise Road.

Once pulled over, the police say that the Defendant turned and looked at them with a blank expression on his face . Although the officers approached the car, the light did not seem to go on behind the driver’s eyes and he did not roll down the window until they knocked on it. Finally, anxious to be recognized, the officers banged on the window. At this, the window was opened.

When the window opened, the police say that they were met with a “pungent odor” of alcohol and saw that the Defendant’s eyes were bloodshot and glazed over. Two bottles of Jack Daniel’s whiskey were found on the floor.

You might assume that the original alcoholic beverage lay within. You would be wrong…at least if you assuming an unused form of the beverage.

The beverage within was later found to be urine.

When asked how much he had drank, the Defendant communicated in the language of Slur that he had had three Jack Daniel and Ginger Ale’s at Punter’s Pub in Boston after his last class. He then announced, “Jack and Ginger, that’s my drink.”

His personal taste notwithstanding, he was removed from his vehicle. It was time to try his hand at field sobriety tests. Most people are somewhat nervous when in this situation. According to the officers, however, not so with the Defendant. Instead, he seemed very gregarious and carefree as he got out of the car revealing that the fly of his pants was completely open and his clothing disheveled. Then, he is said to have staggered to his right and almost fell over during one of the tests. Still speaking in the language of Slur, his voice throughout was nearly unintelligible.

Finally, the Defendant was taken out of his misery and arrested. The vehicle, urine and all, was towed.

The Defendant ended up to be possessing a bitle more than bottles of urine (not a crime, by the way…unless it’s in the health code). He had a harmonica, a knife, a silver flask, a lock, a lock pick, a cellular phone, a coat and…a citation of a suspended license.

Whoops!

He did get one lucky break, though. His fingerprints came back bringing news of two outstanding default warrants.

Fortunately for the Defendant, He had already left the police station when these results came back.

Attorney Sam’s Take:

There is no mention in the story about the Defendant’s having taken a breathalyzer. It would appear that after announcing his favorite drink, admitting he had had a few of them and being willing to do the field sobriety tests…to the extent possible…he decided to refuse the breath test.

Well, better late than never, the defense attorney within tells me.

The Defendant is in a great deal of trouble, obviously. One thing, however, that he did not do which would have made his situation worse and probably gained him heavier bail conditions, was to try to flee the police.

” ‘Flee the police’? Sam….it sounds like he could not have even walked slowly away from the police.”

True, but he pulled over for them. We have seen cases where the driver tries to out-race the police. It does not work and it gives the prosecution more to work with both in terms of bail arguments and what they call “consciousness of guilt”.

We do not know what the pending default warrants are about. However, he could have been held for 60 without any bail because he was re-arrested while out on bail in those cases…before even considering the pending warrants. Further, if his license had been suspended because of an OUI charge, then he would be facing a mandatory period of incarceration as well.

Not to be gross…but I am a bit confused at the charge of drinking alcohol from an open container in the car. Are they planning to do a test on the…contents…to test the level of alcohol, however used it might be?

Well, in the meantime, people drink and do stupid things (allegedly). Sometimes, as we have discussed in the past, moments of bad judgment fly into our lives and threaten to ruin said lives. What does one do? One contacts an experienced criminal defense attorney to help one deal with it.

If you want to contact me to discuss such a matter, please feel free to call me at 617-492-3000.

For the original story upon which today’s blog is based, please turn to : http://www.thedailyitemoflynn.com/articles/2010/05/05/news/news08.prt

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