Articles Posted in Traffic Violations

On January 28, 2014 at about 3:15PM on Route 95 South, near Burlington, MA, a mattress flew off of the roof of a truck, ultimately causing the death of a 56 year old woman from Framingham, MA. While it is far too early to speculate about what happened and why, this fact pattern does raise some interesting legal issues. As of the time of this blog, it does not appear as though the truck driver has come forward or the police have found the identity of truck driver.

The first issue to consider is with what criminal charges the truck driver can potentially be charged. The first charge that comes to mind is leaving the scene of personal injury. One element, however, of this crime that the prosecutor must prove is that the operator knew that there was an accident. This may prove to be a very difficult task for the prosecutor to prove because the incident occurred behind the truck driver. While the driver may certainly have seen what happened, it is up to the Commonwealth to prove beyond a reasonable doubt that he knew there was an accident. Perhaps only statements that the operator made either to a passenger or on a cell phone may help the prosecution in this regard.
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If you see the blue lights in your rear view mirror there are certain things that you should do and certain things you should not do. Firstly, it is very important to remain calm. Do not drive erratically, do not immediately pull over and do not take too long to pull over. Secondly, do not get out of the vehicle. Thirdly, in a calm manner roll down your window and have your license and registration at the ready. If you do the above, you will already be in good stead with the officer or trooper.

If the officer or trooper asks why you think he pulled you over, it is my opinion, that you should not admit any guilt, nor make any excuses (i.e. I am sorry I was speeding, but I am late to pick up my son from soccer practice.)

Be very courteous and professional with the officer or trooper. You do not necessarily need to be robotic, however, and if you feel you can use your personality to garner favor, I would not advise against that.

It’s likely that, at this moment, there is a man sitting in prison, craving sound legal advice, and thinking to himself, “Maybe I shouldn’t have been trafficking heroin on Interstate 93 … with illegal tints.”

A routine traffic stop by Trooper Daniel Dorion, triggered by overly tinted windows, became an incredible discovery. In Andover, Massachusetts on Saturday, August 18, 2012, at around 5pm, Dorion pulled over a blue Chrysler Voyager. The vehicle’s windows made it impossible for the trooper to see who was driving the car. Dorion explained this to the motorist.

The driver’s response?

He had no idea how dark his windows were.

“Too dark,” would have sufficed as a reply.

The Massachusetts tint law has been in effect since 1985. Windows must allow more than 35% of light in all sedans, vans, and SUVs. Non-reflecting tint is allowed on the top six inches of the windshield. The windows of the Chrysler in question completely blacked out the interior.

Upon request, the motorist submitted his identification. A license? Of course not. Who needs that when being pulled over? Instead, he provided a Maine State ID that identified him as Francis Rosario Caraballo. He also produced an identification card from Puerto Rico that appeared counterfeit to Trooper Dorion. The trooper then asked about the woman sitting in the passenger seat.

The driver’s response?

He had no idea who the woman in the car with him was.

The motorist said he had merely been ordered to pick the woman up from Jamaica Plain and Continue reading

A Boston police officer collided in Mattaphan with a Boston fire truck yesterday afternoon

While Boston Fire Department Ladder 29 was on its way to a reported car accident, and had its lights and siren activated at about 3:40 p.m., it crashed into the police officer who was driving home from work. The officer was driving his silver sport utility vehicle. The accident happened at the intersection of Harvard and Morton streets.

After the impact, both men went their separate ways to separate hospitals, both reportedly suffering non-life-threatening injuries. Apparently, the accident was such that it caused the ladder truck to swing around and crash into a traffic light, knocking it over.

Unsurprisingly, neither identity has been revealed.

While there has been no immediate word on what caused the crash or who crashed into whom. A Boston investigation is being conducted by the police.
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How many times have I said it? “All it takes is one very bad day…or bad moment…or bad decision. Mattapan’s Edwin Depeize, a 63-year-old bus driver ( hereinafter, the “Defendant”) had one such moment yesterday morning.

According to reports, the Defendant, a school bus driver, was stopped by law enforcement so that he could be given a Dorchester traffic citation. Apparently, said citation incensed the Defendant. Perhaps he thought such a ticket was beneath him. This theory would make sense because he immediately did everything possible to up the ante.

Rather successfully, I might add.

First, the Defendant allegedly refused to hand over his license and registration. Next, he argued with the police officer who finally ended the “conversation” by telling the Defendant to drive along his merry way. The Defendant did not feel all that “merry”, and so he sped away instead.

Or tried to.
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It would appear that this Massachusetts driver thought ahead. Realizing that the coming storm would make it difficult to go out and drink, Ms. Tara Tobin (hereinafter, the “Defendant”) got in one last trip just before the snow. The result was not too pretty.

The Yarmouth police say that the Defendant admitted that she had drunk six or seven beers in Dennis before driving.

What happened? The crash took place Tuesday night around 9 p.m..

The unusual part? According to the police, the Defendant, whatever condition she was in, did not cause the accident.

Apparently, a 47-year-old emotionally disturbed man jumped into the path of a Dodge Dakota pickup truck. The truck’s driver swerved to avoid the man and was then rear-ended by the Defendant’s car..

The man suffered serious, but non-life-threatening, injuries and was taken to Cape Cod Hospital, police said.
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Police in Springfield have Impressed criminal justice onlookers this past weekend. They went out a-hunting and made 50 arrests which should keep the local district court humming for a day or so. These arrests were for the most serious crimes, of course. They range from drug possession to prostitution all the way up to drag racing!

According to, there were so many people arrested between Friday and Saturday mornings that the police ran out of jail cells.

No, this was in no way accidental. Law enforcement did not happen to “get lucky” during said period and happen upon a sudden crime wave. No, this was planned. As we have seen so many times, when confidence seems to wane in the local constabulary, something must be done to remind the rest of us that the thin blue line is alive, well and protecting us from evil.

And so it was that 20 extra police officers were put on the streets so that a new criminal sweep with a pretty name could be performed. This time, it was “Operation Blue Heat”. It was said to target gang members, drug dealers and…worst of all…the sex trade. Of course, this type of sweep generally includes ( or is primarily comprised of) alleged prostitutes. They seem to offer little resistance and give the resulting media exposure more “bang for its buck”.

No pun intended.
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I have been breaking a new Massachusetts Motor Vehicle Law. Chances are, so have you.

Well, that’s sort of true. Actually, the law does not go into effect until next week. September 30th to be exact. You may have seen some of the message boards that have been posted about it.


That’s right, no more texting while driving starting next week.

“Oh, Boy”, I can hear you say. “Sam’s about to go off about a new and ‘unnecessary’ law!”

Believe it or not, that is not the case.
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A Winchester gentleman is probably reconsidering last week’s recent trip to Boston. This would be because his adventures therein have brought him not only forced monthly visits to Beantown, but also the need for a criminal defense attorney and a couple of blots on his criminal record concerning a certain robbery.

In other words, he was arraigned on Monday.

I am referring to Mr. Ernest G., 28 (hereinafter, the “Defendant”).

You see, the Defendant is now facing criminal charges for allegedly trying to steal a 73-year-old Marblehead woman’s bag in Boston’s South End. Of course, according to the Commonwealth, said theft did not go so well.

When the Defendant allegedly grabbed the bag near the intersection of Columbus Avenue and Yarmouth Street, he fled toward the Southwest Corridor. When he did so, The woman’s grandson and granddaughter ran after him, as did a police officer.
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Now, given my sardonic view on things, it would not surprise you to check out this once-again daily blog one day to find me describing a scene wherein somebody was speeding down the road and, having run down an innocent pedestrian, got out of his car and started pulling on the semi-flattened gentleman, begging him to get up.

Perhaps, I might even compare the driver in such a situation to a child who, after having committed some damage, asks for a “Do-over”.

Of course, you would expect that, by the time the blog was over, you would have heard about the driver being arrested for a myriad of charges, not to mention some kind of vehicular homicide.

Well, guess what?

Such an occurrence actually happened last week…with one twist.

The driver was a police officer.
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