Vehicular Crimes

January 8, 2018

What is the Blood Alcohol Limit in MA?

If you are at least 21, a blood alcohol concentration (BAC) of .08 percent or higher can result in an OUI arrest in MA. The limit for under-age individuals is .02 percent (basically, zero tolerance). Licensed commercial drivers (CDL holders) have a limit of .04 percent. If police suspect that you are under the influence of drugs or alcohol during a traffic stop, you will likely be asked to submit to a breath test.

Different Strokes for Different Folks

Alcohol is metabolized at different rates for different people, and based on a variety of factors. These include your gender, weight, the type of alcohol you consumed, how quickly you consumed it, and whether or not you drank on an empty or full stomach. With so many variables, it is impossible to determine your BAC without a tool designed specifically for that purpose. Even one alcoholic beverage, consumed quickly by a person with a small build – on an empty stomach – can result in an unsafe level of impairment. The best way to avoid an OUI is to always have a designated driver if you plan to drink.

If a breath test indicates that you are above the legal limit, you may be placed under arrest. Although breath tests – commonly referred to as breathalyzers – sometimes provide inaccurate readings, an over-the-limit result is compelling evidence that you were driving under the influence. This is especially true when a reading is particularly high.

Can I Refuse the Breath Test?

You can decline to take the test, but there are serious repercussions for refusing, including a minimum six-month license suspension. Even so, it may be in your best interest to refuse a breath test. Unfortunately, there is no one-size-fits-all solution to this problem. You will have a better chance of having your OUI charges dismissed if there are no incriminating breath test results and you have solid legal counsel. If the charges are thrown out, your attorney will likely be able to remove the penalties for refusing as well.

If you do submit to the breath test and your reading is over the limit, an experienced Boston OUI defense attorney may still be able to get your charges dismissed. Breath test results are frequently off by up to .02 percent in either direction. If you were barely above the legal limit, a skilled lawyer should be able to present multiple defenses against your charge. That being said, attempting to defend an OUI charge without legal counsel can have severely negative consequences. Don’t make the mistake of trying to go it alone. The right attorney can be the difference between a conviction and a clean record.

Per Se State

Under Melanie’s law, if a breath test registers higher than the legal limit, you are legally presumed to be impaired. MA is a “Per Se” state, which means that over-limit breath test results provide per se evidence of legal intoxication. Therefore, if you agree to the test and the results are over the legal limit, you are presumed to be operating under the influence. In such a case, it is essential to have an experienced Massachusetts OUI defense attorney by your side. Continue reading

December 20, 2017

Consequences for Refusing Breathalyzer in MA

by Altman & Altman

If you get arrested on suspicion of OUI in Massachusetts, the law requires that you submit to a breath or blood test. This “implied consent” law states that if an officer arrests you for OUI – with probable cause – you must consent to a blood or breath test to determine your blood alcohol content (BAC). As such, there are consequences if you refuse.

If you refuse the breath test (commonly referred to as a breathalyzer), the officer will warn you that a refusal will result in a minimum 180-day license suspension. If you still refuse the test, the officer will automatically take your license and have your car sent to impound (although this will likely happen even if you don’t refuse the test).

In MA, refusing to submit to a breathalyzer test comes with the following consequences:

First offense: 180-day license suspension
Second offense: Three-year license suspension
Third offense: Five-year license suspension

There are some exceptions to the rules above, however. For example, if you are under 21 at the time of your arrest, you will receive an automatic three-year suspension. And if you refuse the test after causing serious injury to another, you will lose your license for 10 years if convicted of OUI. It’s a lifetime suspension if you refuse the breathalyzer after an OUI-related accident in which someone died. You will also lose your license permanently if you previously refused a breathalyzer in three separate OUI arrests.

Is Refusing a Breathalyzer Ever a Good Idea?

At first glance, refusing a breathalyzer may seem like a terrible idea. In some cases, this is likely the case. However, refusing a breathalyzer may also work in your favor. Unfortunately, there is no one-size-fits-all answer to this question. The help of an experienced Boston OUI defense attorney is crucial to a favorable outcome.

If, for example, this is your first offense, and your BAC is likely over the limit but not excessively high, you may improve your chances of avoiding an OUI conviction if you refuse the breathalyzer. However, a refusal should only be considered if no aggravating circumstances were present, such as having a child in the car, causing property damage, injury or death, or the presence of drugs, drug paraphernalia, or weapons. And even then, there are no guarantees.

An over-the-limit BAC is compelling evidence, even if it’s only just over. It’s easier to argue that you were not intoxicated if there is no BAC on record.

If your charges are dismissed, a skilled MA OUI defense attorney can likely help you get your license reinstated. But, as stated above, there are no guarantees. If you can show that a) the officer did not have probable cause to stop you, b) you were never officially arrested, or c) you consented to the test but it was never performed, you will likely get your license back. Continue reading

September 12, 2017

Charged with Leaving the Scene of an Accident in MA?

by Altman & Altman

Commonly referred to as “hit and run,” leaving the scene of an accident is a criminal offense in MA. As with most crimes, the penalties depend largely on the particulars of the case, the severity of the accident, and prior criminal history.

Consider the following scenarios: Sue runs into her neighbor’s mailbox because she was texting while driving. She’s not intoxicated, and she doesn’t have a criminal record. But she leaves the scene because it’s late at night and she’s too embarrassed to admit her mistake. Sue may be charged with leaving the scene of an accident, but her penalties will likely be minor. Gretchen, on the other hand, hits a pedestrian while driving drunk, breaking the victim’s leg and shoulder. Gretchen has an extensive criminal record. Chances are, her outcome won’t be nearly as pleasant.

Penalties for Leaving the Scene (No Injuries)

In MA, leaving the scene of an accident is loosely defined as failing to stop after a collision to contact the police or exchange information with the other parties involved. At it’s most basic, leaving the scene is a misdemeanor offense. If convicted of this offense, you may face the following penalties:

A fine of up to $200
Up to two years in jail
A minimum license suspension of 60 days with a maximum suspension of one year

But what if the accident was so minor you didn’t even know it had occurred? If you were unaware of the damage, how could you have known to stop and exchange information? While a smashed mailbox would be hard to miss, it is common for minor accidents to be overlooked when it’s dark outside, or due to distractions or loud music.

Penalties for Leaving the Scene (Injuries)

Things get much more complicated if you leave the scene of an injury accident. When you leave the scene of an accident that resulted in injury to another, you will be looking at a mandatory minimum sentence. Penalties for this crime may include:

A minimum of six months in jail, with a maximum of two years
A fine of up to $1,000
A minimum license suspension of one year, up to indefinite
Subsequent convictions carry a minimum two year license suspension

A skilled Boston criminal defense lawyer can help you get your penalties reduced or dismissed entirely. In some cases, you can avoid a conviction by working out a payment arrangement to compensate the victim for medical bills and any other expenses associated with the accident. Continue reading

August 17, 2017

What are the Criminal Penalties for Driving Uninsured in Massachusetts?

by Altman & Altman

In MA, drivers are required to carry liability insurance. The minimum requirements are $20,000 per person for bodily injury, $40,000 per accident for bodily injury, $8,000 for personal injury protection, and $5,000 to cover property damages and a portion of uninsured/underinsured motorist protection. Driving without insurance, or with a policy that doesn’t meet these minimum requirements, is a civil motor vehicle infraction (CMVI) in MA.

Is Driving Without Insurance a Crime?

It depends. If this is your first offense, chances are you won’t see jail time. However, if this is a second or subsequent offense, or someone was injured, it might be a different story entirely. Even if you are not criminally charged, a first offense does carry fines and a license suspension. In addition to a $500 fine, you are likely to lose your license for 60 days and pay an additional $500 to get it reinstated.

At first glance, jail time and hefty fines may seem a harsh punishment for neglecting to purchase auto insurance. But there’s a reason why motor vehicle insurance is so important. If you are involved in a collision, people could be seriously injured or killed. What if you are the at-fault driver? Who will pay the medical expenses and lost wages for those who are injured? Who will cover funeral expenses if someone is killed?

Generally, these expenses are at least partially covered by the at-fault driver’s insurance policy. If you drive without insurance, accident victims could be facing more than injuries; they could also be facing a financial catastrophe. For this reason, it is required by law to carry auto insurance before you take to the open road. A MA defense lawyer can help you protect your rights if you are facing penalties for driving without insurance.

Penalties for Operating an Uninsured Vehicle

MA is tough on drivers who hit the roadways without insurance. Even for a first offense. But what about second and subsequent offenses?

If a second offense occurs within six years of your first offense, you are looking at a fine of up to $5,000, a one-year license suspension, one year in jail, and a $500 license reinstatement fee. That’s a lot of money and time behind bars. The moral to this story? Don’t drive without insurance. But if you made a mistake, an experienced Boston defense attorney can help you determine how to proceed.

Disputing a Citation for Driving an Uninsured Vehicle

If you have received a CMVI citation, it’s in your best interest to contact an attorney immediately. You have 20 days in which to request a hearing, and pay the corresponding fee to the Massachusetts Registry of Motor Vehicles. But you have to do it right. Failure to pay your fine, or file a dispute in a timely manner, can result in additional fines and the suspension of your license. Continue reading

August 3, 2017

Former Prosecutor Charged with Felony Reckless Driving

by Altman & Altman

A former Michigan prosecutor recently injured a man in a drunk driving accident. Having prosecuted many drunk drivers, Joshua Kuiper should have known better. He was charged with felony reckless driving after he crashed into Daniel Empson, who was retrieving something from a parked car. Kuiper was driving the wrong way on a one way street at the time of the incident. The former attorney was out in celebration of another prosecutor’s retirement.

Dram Shop Laws

In addition to the dangers of drunk driving, Kuiper should have known about dram shop laws. Named after the traditional term for a unit of liquor, dram shop laws hold bars liable for injuries caused by patrons they’ve over-served. Empson has filed an injury lawsuit against three bars that he alleges over-served Kuiper before the accident.

July 26, 2017

Operating Under the Influence of Technology?

by Altman & Altman

It’s common knowledge that hand-held electronics, such as smart phones, pose a serious distraction when we’re behind the wheel. But is that distraction as dangerous as intoxication? Can technology actually affect our sobriety? A new Washington law aims to treat cell phone use while driving in much the same way as drunk driving. The law would ban the use of all electronic devices when driving, even when stopped at a red light.

Electronic Driving While Impaired

According to Washington Governor Jay Inslee, the bill is called “electronic driving while impaired,” and the new offense would be called a DUI-E. “When you are driving with a cell phone,” said Inslee, “you are a more dangerous driver than if you are driving drunk with a .08 blood alcohol level.” And these aren’t just empty words; research backs up Inslee’s statements.

July 5, 2017

Common Sense Always Prevails to Avoid Getting Charged with OUI in Massachusetts this Summer

by Altman & Altman

Summer is time for relaxation and fun. If you take that fun too far, however, it can result in a number of less-than-fun consequences, including charges for criminal offenses such as OUI, disorderly conduct, or assault. You may even find yourself behind bars. Follow the tips below to have fun, and avoid getting charged with OUI, this summer season.

No open containers in the car. You don’t need to be drinking to get charged. It is illegal to have an open container in an unlocked compartment of your car. For example, a half-full bottle of rum in the center console, or in the back seat, can get you in big trouble. If you are traveling to a party and taking previously-opened containers of alcohol, make sure that they are all safely stowed in the trunk, where they can’t be reached while the vehicle is in use.

Zero tolerance for underage drivers. If you are under 21, you can get charged with an OUI offense for any amount of alcohol in your system. In MA, a driver is “over the limit” with a blood alcohol level of 0.08 or more. But even 0.01 can result in an OUI if you’re under 21. A MA OUI defense attorney can help you determine how to proceed if you’re facing charges for an underage OUI offense.

Even prescription drugs can lead to an OUI. If drugs – even prescribed medications – impair your ability to drive, you may find yourself facing charges for OUI. And the drugs in question don’t have to be controlled substances such as oxycodone or ADHD meds. Even antihistamines can result in an OUI if they impair your ability to drive safely.

Have a plan for how to get back to your home or hotel before the night begins. Prior to heading out for the night, talk to your friends and determine your end-of-night plan. Will you walk? Will you call an Uber? Is there a designated driver? And if you’re staying in an unfamiliar location, like a hotel, write down the address in case you aren’t as clear headed at the end of the evening.

If all else fails, contact your attorney. If you made a mistake and you’re facing OUI charges, a skilled Boston OUI defense attorney can help you fight them. Many OUI stops, especially during the busy summer season, are riddled with errors that can be used to your advantage. For example, a faulty breathalyzer test can result in inaccurately-high readings. It’s important to know your rights; you can refuse to take a breath test. However, there are some serious implications for doing so. Refusing a breath test carries an automatic license suspension of 180 days. There is no one-size-fits-all answer to whether or not you should refuse a breath test. If you have no prior OUIs and you passed the field sobriety test, you have a better chance of winning your case if you refused the test than if you took it and failed. But, as with most things in life, there are no guarantees.

June 27, 2017

Can I Refuse a Breathalyzer Test in MA?

by Altman & Altman

Yes. But that doesn’t mean you want to refuse. On the other hand, it also doesn’t mean you should submit to the test. This conflicting advice may leave you feeling a bit confused, but with good reason; there’s no one-size-fits-all approach to the decision to refuse (or submit to) a breathalyzer test in MA. If you decide to take the test and it reads .08 or higher, you will lose your license for 30 days if it’s your first offense. If you refuse to take the test, however, you will receive an automatic 180-day suspension.

At first glance, it may seem that taking the test is in your best interest. But a failed breathalyzer test is hard evidence to overcome at trial. You have a much better chance of beating an OUI charge if a failed breathalyzer test is not on the table. A Boston OUI defense attorney can help you defend yourself in court, whether you took and failed a breath test or refused the test altogether.

Assess Your Situation

If you refuse the test and a skilled attorney is successful in defending you against the OUI charge, your license will generally be reinstated in less than 180 days. Remember, this favorable outcome is only likely if the circumstances of your case are equally favorable. If, for example, this is your second or subsequent OUI charge, and / or several witnesses claim to have seen you driving recklessly before you were stopped, your chances of success will be seriously limited. However, if this was a first offense and there were no other aggravating circumstances present during your stop or arrest, penalties for refusing the breathalyzer are much more likely to be waived.

In MA, a blood alcohol concentration (BAC) of .08 or higher is above the legal limit. If your breathalyzer results indicate .08 or above, that evidence will be hard to fight in court. If, however, you refuse the test, there will be no evidence of your BAC at trial, and – even better – the jury will not be made aware of your refusal. If you are found not guilty, your MA OUI defense attorney will file a motion arguing for reinstatement of your license prior to the 180-day period. Unless the prosecution can prove that your license should not be reinstated, you are likely to get it back in relatively short order.

What if I’m Under 21?

If you are 21 or older and you fail a breath test, your license will be suspended for 30 days. That is just the initial suspension; you will likely receive a later suspension if you are found guilty. However, there are some circumstances in which a failed breath test carries an automatic 180-day suspension.

If you are between the ages of 18 and 21 and your BAC is .02 or higher, you will lose your license for 30 days plus 180 days. In some cases you can waive this suspension by enrolling in a Youth Alcohol Program (YAP).
If you are under the age of 18, you will face a one-year suspension if you fail a breathalyzer. If you enroll in an approved alcohol treatment program, this suspension may be reduced to 180 days.

This may seem like an easy choice – I’ll lose my license for 180 days no matter what, so I might as well refuse the test, right? But the reality is, it’s not that simple. Although a failed breath test has an extended suspension if you are under 21, so does a refusal. If you are under 21 and you refuse a breathalyzer, your license will automatically be suspended for three years.

What if this isn’t My First OUI?

Things get a bit more complicated with second and subsequent OUIs. If you’ve previously been convicted of one OUI, a breathalyzer refusal carriers an automatic three-year suspension. And if you have two previous convictions, that increases to five years. If this is your third or subsequent conviction, a refusal will result in a lifetime suspension. Continue reading

June 14, 2017

Motorcycle Theft is on the Rise

by Altman & Altman

Although the reason has yet to be determined, motorcycle thefts rose two percent in 2016. Maybe it’s because they look cool, or maybe they’re just easier to steal than other motor vehicles. The National Insurance Crime Bureau (NICB) has released statistics that provide more information about where these thefts are most prevalent, and what may be behind the increase. A MA defense attorney can help you determine how to proceed if you’ve been charged with motorcycle theft.

Top 10 Cities for Motorcycle Theft

Of the top 10 cities mentioned in the NICB report, nine are located in warm climates. This isn’t a big surprise, given that more bikes are purchased in warmer-climate areas, and they are generally on the road for more months each year in these places. However, the only city on the list with a cold climate in winter months also happens to be the city with the highest number of motorcycle thefts – New York City. The top 10 cities were:

New York City (1,209)
San Diego (849)
Las Vegas (818)
Los Angeles (760)
San Francisco (616)
Miami (610)
Houston (607)
San Antonio (411)
Phoenix (347)
Austin (343)

Not surprisingly, motorcycle thefts in NYC were highest in August and lowest in February, further proof that Mother Nature plays a significant role in motorcycle thefts.

When the NICB looked at motorcycle theft by state, the leaders were California, Florida and Texas. Looking at the city stats above, this doesn’t come as a surprise. However, numbers four and five on that list were South Carolina and North Carolina, respectively. Considering that population isn’t as robust in these states, some researchers are left scratching their heads. Yes, both North and South Carolina have warmer climates, but so do many other states with worse records of overall crime.

When Temperatures Drop, So Does Crime

Maybe New England’s brutal winters do have some very real benefits. But motorcycle thefts do still occur here; in 2015, 34 bikes were stolen in MA. A Boston defense attorney can help you protect your rights if you’ve been charged with any type of theft.

What’s Behind the Increase?

Theft of motorcycles had been declining for nine years when it increased in 2015, and then again in 2016. According to the NICB’s Frank Scafidi, it is easier to steal a motorcycle. “Stealing a bike is much easier than stealing a car simply because of its size,” said Scafidi. “If you have your bike all chained up and covered with all kinds of immobilizing technology, it can still be picked up with a fork lift, loaded into a pickup truck and taken away.” And with car anti-theft systems becoming more sophisticated every day, motorcycles are increasingly an easier option.

Unfortunately for bike owners, the recovery rate tends to be lower than the recovery rate for cars. This is largely due to the fact that bikes are frequently “chopped” for individual parts. Of the 46,467 motorcycles stolen in 2016, only about 18,000 were recovered.

Penalties for Motorcycle Theft in MA

Considering that most motorcycles are valued at more than $250, motorcycle theft is classified as grand larceny in MA. A felony charge, grand larceny carries a penalty of up to five years in state prison and a fine of up to $25,000. Continue reading

May 31, 2017

Charged with Leaving the Scene of an Auto Accident in MA?

by Altman & Altman

Also known as “hit and run,” leaving the scene of a motor vehicle accident is a criminal offense. A hit and run doesn’t have to involve injuries, but penalties are likely to be much more severe if someone is injured. Although it’s never a good idea to leave the scene of an accident, people are prone to use poor judgement in the heat of the moment. Unfortunately, fleeing the scene can elevate potential penalties from strictly financial to criminal. Fortunately, multiple defenses are available to protect the rights of individuals charged with this offense.

Potential Defenses to a Hit and Run Charge

Leaving the scene of the accident is a crime, but things aren’t always what they seem. Maybe you didn’t even realize you had hit another vehicle. The following scenarios are common challenges against hit and run charges.