Articles Posted in OUI/Drunk Driving

In a way, I suppose it is the fault of this Boston criminal lawyer. In all my blogs telling you how to react when approached by law enforcement, I have apparently been incomplete. I told you not to try to out-run, out-fight or out-talk the officer who stops you. I have neglected to mention that you should also not try to out-hex him.

Vivencia 
Bellegarde, 25, of Everett (hereinafter, the “Defendant”) could have used that advice according to a state trooper.

According to reports, the Defendant was pulled over in her Cadillac. She was apparently suspected of Massachusetts Operating Under The Influence and running a Boston Globe delivery truck off Route 93 and onto the Leverett Connector. Surveillance video of the crash shows a car slamming into the Globe truck, forcing it off the roadway and into a frightening 40-foot free fall. The truck came apart on impact with the Leverett Connector 
on-ramp below.

As we wait to see how traffic resumes on Monday, the first biasness day after the “Blizzard of ’13”, we have a traffic story from last week. Cases involving alleged drunk driving are not terribly unusual. There is one twist to this case, however. At least as far as the Boston Police Department are concerned.

The driver was the son of Boston’s top cop.

It happened last Tuesday. It was a typical traffic stop when a Boston patrolman pulled over the son of Police Commissioner Edward F. Davis. It was around midnight just outside the TD Garden garage. The officer suspected that the lad was driving under the influence of alcohol. Rather than arresting him, he gave him a ride home.

Now, Commissioner Davis has requested a police investigation into whether his son was in fact drunk at the time.

According to a report written by Superintendent-in-chief Daniel Linskey, there was a witness who told police that he was concerned that a driver of a truck inside the garage might be “under the influence”. The officer apparently then waited for the truck to leave the garage and then pulled the truck over. Once the driver happened to mention being the police commissioner’s son, he was allowed to park his truck and was offered a ride home after the officer finished his shift.

Want some quotations from Linskey’s report? Here are a couple that have been released:

“Officer determined that (name omitted) had consumed alcohol and was trying to determine if it raised to the level of impairment. (name omitted) informed the officer who he was and explained who his father was and stated something to the effect that he wouldn’t want to upset the officer or his father”

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Attention Massachusetts Drunk Drivers! The criminal justice spotlight is looking for you!

The Commonwealth has announced that it is stepping up the enforcement of liquor laws. Of course this includes keeping an eye on drivers who may have had a bit too many, but that is not all that is being allegedly watched this time. The liquor laws are being monitored at the proverbial “watering holes” serving the intoxicating substance.

The Alcoholic Beverages Control Commission will be focusing its attention on restaurants and bars in Massachusetts by making sure they are following laws against serving intoxicated or underage patrons. Likewise, one would imagine that there will be folks watching liquor stores to make sure that the younger among us are not being allowed to purchase such beverages.

The hope is that strong enforcement of these laws will prevent tragedies before they happen. Authorities also point out that well over half of all arrests for impaired driving involve individuals who had been drinking at bars.

The holiday crackdown, in conjunction with the National Highway Transportation Safety Administration, began after Thanksgiving and will continue through New Year’s Eve

Attorney Sam’s Take on Interaction With Law Enforcement Oversight

“Sam, is this really something new?”

No, of course not. Especially this time of year. There is always extra police attention on drunk driving and similar alcohol-related offenses.

However, this does not make it any less important to remind you. It also gives me the opportunity to attach another reminder which is worth repeating.
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Sometimes, when it rains…it pours.

No, I am not referring to the present weather situation. I am writing about Mr. Richard Ford, a 56-year-old Georgetown gentleman who is now hereinafter referred to as the “Defendant”.

You see, the Defendant was being sought for allegedly violating a restraining order early Saturday.

The police found him, alright.

Unfortunately, they found him asleep in the driver’s seat of his vehicle, keys in the ignition, blood on his face and bloody napkins on his lap according to the officers.

The troopers unlocked the Defendant’s side door. This apparently woke him up and he is said to have begun to swing at the officers with his hands and feet. He also tried to hold tightly to the steering wheel as the troopers tried to remove him from the vehicle.

Prosecutors say that the struggle continued until the troopers finally handcuffed him.

Troopers say that they noted there was a strong scent of alcohol emitting from the Defendant but that he was speaking clearly. When asked to take a breath test, the Defendant refused.

That sounds like the wisest decision he had made that day.
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New England students are coming back to school. First order of business…let’s party!

Well, here is a sad reminder of where that can lead.

Anthony Ciccone, 20, of Pepperell, MA is dead. He was killed in a traffic accident. He was the passenger of another 20-year-old gentleman who was allegedly driving 50 miles over the speed limit. The car smashed into a utility pole Sunday morning.

20-year-old Rhode Island Christopher M. Bennett (hereinafter, the “Defendant”) was that driver. He survived.

Police were contacted from security personnel at University of New England, reporting two men who “were reportedly intoxicated and trying to forcibly enter a residence hall dorm room,” Biddeford police said in a statement. The school’s security personnel attempted to stop the two men from driving but were unsuccessful.

The two were apparently not students at UNE, but were reportedly visiting friends.

Biddeford Police officers spotted a Ford Explorer which matched the description that the school’s security had provided. It was reportedly travelling westbound on Pool Street at 80 miles per hour. The speed limit was 30. An officer tried to stop the car, “but lost sight of the vehicle almost immediately,” the statement said.
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Sometimes the work of law enforcement is to send attention where extra attention seems to be needed. Given the recent motor vehicle accidents throughout the Commonwealth, the State Police seem to be doing just that. This time, they are not even bothering with a fancy name like “Operation Bad Drivers”.

The officers are targeting dangerous drivers, from drunk drivers to those simply driving dangerously. The rationale for the crackdown is a recent string of deadly accidents. Over this past weekend alone, the State Police announced on Monday, they charged 10 people with drunk driving and issued citations for other offenses to 222 others on Route 24 and Interstate 195 in Southeastern Massachusetts.

Among the recipients of the Commonwealth Bracelets of Shame was a gentleman named Jose Perez, 49, of Brockton. Mr. Perez was awarded charges of OUI, negligent operation and a marked lanes violation after a two-car crash on Route 24 northbound, in Freetown. The accident sent him and a female to the hospital with minor injuries.
That was very early Saturday morning.

On Sunday, State Police intercepted an alleged wrong-way driver on Route 24 in Berkley. Nicholas Pilla, 25, of New Bedford, was charged with operating under the influence and negligent operation.

In addition to the above, State Police said they made one felony arrest, six misdemeanor arrests, and issued criminal summonses to eight drivers.

These additional efforts are not about to end.
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…So, I was talking with Dan Rea last night on WBZ, radio 1030 a.m. No, I was not a scheduled guest this time. I was simply a caller. I really could not help it. The subject matter, and the discussion of it, drew me out.

Mr. Rea and his callers were discussing the case of Onyango Obama, hereinafter, the “Defendant”. He is the half-brother of the president’s late father. It seems he was arrested in Framingham last August for Operating Under the Influence of Alcohol and associated crimes. Law enforcement claimed Obama made a rolling stop at a stop sign and nearly caused his cruiser to crash into the Defendant’s SUV. Then, the Defendant showed the poor judgment of agreeing to blow on the breathalyzer, which resulted in a finding of .14 blood alcohol. The legal limit for driving is .08 in the Commonwealth.

On Tuesday morning, the Defendant resolved the criminal matter by admitting that there were sufficient facts to find him guilty and received a Continuance Without A Finding. By agreeing to this result, the Defendant avoids pleading guilty to drunk driving and the charge will be dismissed, if he stays out of trouble for one year. There are various other incidental penalties, including the loss of his driver’s license for 45 days and he must $1,000 in fines and fees.

“By admitting to sufficient facts today to operating under the influence and failure to yield at an intersection, the defendant has admitted responsibility for the essence of the crime he committed and has now been held accountable for his actions,” District Attorney Gerry Leone said in a statement.

Of course, this OUI matter brought other problems to the Defendant’s doorstep. For example, it caught the attention of immigration investigators who claim he violated a 1992 order to return to Kenya.
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Even a Boston criminal lawyer sometimes has to be reminded to do his homework sometimes. It would seem that it is a lesson that the Boston Globe might want to observe as well.

Over the last two days, I have been unfairly blasting WBZ political commentator
Jon Keller. Among other things, Mr. Keller does a daily short broadcast, called “Keller At Large” on the station (1030 on your AM dial) about an issue of the day. The other day, what I heard offended and angered me for reasons that will soon become apparent. Immediately, I took to attacking the view put forth as well as its messenger, Mr. Keller. However, it
turns out that Mr. Keller was simply discussing the recent findings of a Boston
Globe Spotlight Team. Their findings, as reported, would be enough to enrage
anyone…even a longtime professional commentator like Mr. Keller.

The Globe’s “findings” would be enough to lead almost anyone to the wrong
conclusion. Mr. Keller does not practice criminal law in the Commonwealth
and so simply discussed the findings as presented. Realizing that my attacking
him was unfair, I have removed the two blogs and offer my apologies to him.

One would imagine that a newspaper with the reputation the Globe enjoys to have
done its own homework , asking all the pertinent questions. This is part of being “reliable”. In this case, it would appear that it did not do so. Instead, it printed a very misleading and misinformed story which has created quite a stir.

The subject matter is Massachusetts drunk driving cases. The story, apparently
based primarily on blind assumption that judges in the Commonwealth find 80% of
drunk drivers not guilty.
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Bridgewater’s Patricia A. Neville-Colp (hereianfter, the “Defendant”) is facing that issue right now. On Saturday night, the State Police say that she was involved in a car accident in Stoughton. They say that, due to her actions, two people are seriously injured and one person is dead.

The Defendant will be making her way today into the Massachusetts criminal justice system by way of Stoughton District Court. She is charged with the Stoughton homicide and driving under the influence of both alcohol and drugs. Apparently, she also had some drugs in the car when police arrested her.

Today on The Boston Criminal Lawyer Blog…when might you be charged with a MA motor vehicle crime as a result of an accident?

Attorney Sam’s Take On Automobile Accidents And Crimes

First of all, you have to understand that there are various types of automobile mishaps that can happen. Nearly all of them, under our usual definition of the word, are not intentional.

“So, isn’t that what makes the difference, Sam ? If it is intentional, then it is a crime, but if it is merely an accident, it is not a crime?”

Kinda-sorta, but it is not quite that simple.
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In my previous blogs, I have told you that similar cases do not always receive similar treatment. As a Boston criminal lawyer for many years, I have seen this play out. Sometimes, it has angered me…sometimes I have been grateful. Let’s see what you think about this one.

Let’s look at the case of Addis Woldeguioroui (hereinafter, the “Defendant”). He is the 51-year-old Dorchester gentleman charged with crashing a van of special needs adults into a garbage truck while allegedly high on illegal Massachusetts drugs. According to law enforcement, he was found in possession of a pipe containing cocaine residue and an empty Oxycodone container in his bag,

The accident occured on 116 Highland St. in Newton earlier this week.

The Defendant, the talkative sort, allegedly told investigating officers police the accident took place because a solar glare made him lose sight of the truck. The collision sent 13 people to the hospital, including the driver and three who were transported to Beth Israel Deaconness Medical Center with serious injuries. Apparently, said passengers have been released or are in fair condition, according to court documents.

Officers say they also found a pipe containing cocaine residue and an empty Oxycodone container in the Defendant’s bag and charged him with Massachusetts operating under the influence as well as charging relating to his causing serious injury, negligence, and possession of Class B drugs.

He is looking at a possible 10 years in prison.

The Defendant also allegedly told police he had taken one or two Oxycodone pills prescribed by a doctor for pain around 5:30 yesterday morning. According to him the pills are for foot pain. The Commonwealth is waiting for results of the blood test taken at the hospital..

After the accident, the Defendant found himself in Newton District Court to be arraigned on his charges. In previous blogs, I have discussed the pros and cons of talking with trying to out-talk or out-reason police officers on the streets. I never thought it necessary to tell you that it is unwise to ignore your lawyer’s advice and try to do it with a judge and prosecutor.

However, that is what the Defendant did.

Speaking about those in the van, the Defendant explained, “The people [in the crash] were my people…I carry their blood on me.”

When confronted with his previous criminal record in New York and Massachusetts (dating back to 1977) for incidentals like armed robbery as well as a pending arrest warrant from West Roxbury District Court, he insisted on responding, explaining that “The past, that is what it is, the past…I’ve had some difficulties, and I’ve overcome them.”

Indeed, the Defendant served in the Air Force from 1978 to 1981. In court, he was supported by his girlfriend, who clung to a bible and to freshly-pressed clothes, that she was not allowed to give to him.

The Defendant was held on $5,000 bail, half of what prosecutors had requested. The prosecutor also argued that his bail in his earlier case should be revoked, but the court decided against hat. She did, however, forbid the Defendant from driving should he be released.

“He’s a good guy. He’s lived a tough life,” the Defendant’s girlfriend explains.. “He loved his job. . . . He was trying to get his life together.

Attorney Sam’s Take On MA Warrants And Inconsistent Results

Usually, when a defendant appears before a court and there is a warrant out for their arrest because of their failing to appear, the defendant’s bail in the previous case is revoked and is held without bail on that matter. This is independent of the bail set in the new case.
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