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 WOMAN’S OUI CASE TRIGGERS PROSECUTIOIN AND DCF’S REMOVAL OF CHILD

If the allegations against a certain 28-year-old Boston woman, hereinafter The “Defendant”, are true, she has demonstrated quite an example on what not to do.

According to the Boston Herald, law enforcement says that the Defendant was driving while intoxicated. This, in itself, is against the law and very unwise. But that’s not all.

The police also allege that the Defendant was driving at a very high rate of speed. Certainly, the speed was well over the speed limit. Also not a great idea. Still not all.

Apparently, the Defendant’s three week old baby was in the car at the time. This pulls the matter up to a new level of criminality and bad judgment.

One more crime for icing on this particular criminal justice cake… there was an open 12 ounce bottle of Heineken beer in the car. This, like everything else, was found when examining what was left of the Honda Accord… Upside down and smashed after the resulting accident. .

The accident itself took place on a “congested Dorchester Street”, Vinson Street, a one-way street. According to residents, the Honda came down Vinson Street toward Geneva Avenue at about 8:45 p.m. Saturday. The road banks to the right at the intersection with Marlowe.

This was where Dion Sturkey had parked his Land Rover.

Unfortunately for him. It turned out to be one of several vehicles the Honda side-swiped before flipping over, police said.

Police spokeswoman Rachel McGuire said the exact cause of the crash remains under investigation. However, she added, “Charges will be sought against her for negligent operation, having an open container of alcohol in the vehicle and driving under the influence.”

McGuire also said that indicated that “speed may have been a factor” as well.

The defendant was taken to Boston Medical Center for treatment of minor injuries.

The Department of Children and Families has taken custody of the baby, who was not injured in the crash, authorities said.

Children and Families spokeswoman Andrea Grossman said in a statement, “The Department received a report on this situation and, as we investigate in collaboration with law enforcement, custody of the child has been transferred to DCF.”

Attorney Sam’s Take On Drinking, Driving And Children Vulnerability

While there is no doubt that the Defendant is headed into a criminal justice nightmare, one must first remark that she is also extremely lucky. When one looks at the video of the news report by the Herald, one realizes that it is a near miracle that both she and her child survived the acciden with only minor injuries.

The sane is true for anyone else who was around that area at the time. These are the conditions from which vehicular homicide cases often arise.

The defendant not only needs a gifted and experienced criminal defense attorney, but she would also be wise to retain counsel to help her in the upcoming DCF action in Juvenile Court.

You see, when there is a child present at a crime or troubling scene, and there is a “mandatory reporter” around, that reporter is mandated by law to contact DCF.

And, regardless of how serious the situation is, DCF is afraid not to take action.

“Sam….’afraid’?”

That’s right. It is the same fear that we speak so much about when it comes to criminal “justice”. I learned during my early days as a prosecutor in New York the fear that government entities and agencies fear of appearing “too lenient” in the next day’s media.

In cases involving DCF, that translates to trusting the caregiver too much and the possibility that children involved might be at risk.

In this case, of course, DCF had no problem getting involved. There was no question as to whether it had enough to remove the child. It was what is known as a “no-brainer”.

The trick will be for the Defendant to attempt to get custody back. Ever.

As to which will be the tougher battle…the criminal charges or the DCF battle in Juvenile Court… that’s likely to be a “toss up”.

Contact Information