Recently in Negligent Operation of Motor Vehicle Category

January 27, 2011

Somerville Taxi Driver Charged with DUI / Drunk Driving in Boston

Tyler A. Bryan, of Somerville, was arrested this morning on Massachusetts Drunk Driving Charges after he allegedly ran his taxi into a snowbank in the Brighton section of Boston.

Bryan was charged with Operating Under the Influence of Alcohol and Negligent Operating of a Motor Vehicle.

According to the Massachusetts State Police, Bryan allegedly drove his car into a snowbank on Soldiers Field Road. Police found him behind the wheel of the Somerville Green Taxi Cab with his head allegedly bobbing up and down and his eyes drooping shut.

He was also allegedly observed to have glassy and bloodshot eyes and slurred speech (as everyone does when they're stopped by the police for suspected drunk driving)...

Massachusetts State Police officers further alleged that Bryan failed to identify himself and that Boston comedians Lenny Clark and Denis Leary were going to come to his aid. He was eventually pulled from the vehicle by the police...

For those of you who read this blog regularly, you know that, in Massachusetts, you can be charged with Drunk Driving / DUI even if the police never observed you actually operating the vehicle.

In these types of cases, there are many factors that would allow DUI Charges being brought forward, such as evidence of an accident; indicia of intoxication or being impaired; whether the Field Sobriety Tests were performed; or whether a Breathalyzer Test was submitted to.

Because the consequences of being charged and convicted with Drunk Driving in Massachusetts can be severe, including resulting in jail time and severe probation and monetary penalties, you should immediately Consult a Boston Drunk Driving Lawyer.

Continue reading "Somerville Taxi Driver Charged with DUI / Drunk Driving in Boston" »

January 24, 2011

Holbrook Man Charged With DUI in Dorchester Crash

Patrick Fay.jpgPatrick Fay, 24, of Holbrook, was arrested and faces Massachusetts DUI / Drunk Driving Charges after he allegedly left the scene of an I-93 rollover in Dorchester that left his girlfriend in critical condition on Sunday night.

Fay was arraigned this morning in the Dorchester Division of the Boston Municipal Court and charged with Operating a Motor Vehicle While Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and Leaving the Scene of an Accident with Personal Injury.

According to Massachusetts State Police and the Suffolk County District Attorney's Office, Patrick Fay was allegedly driving on I-93 in Dorchester when he hit a snow bank around 1:00 a.m.. The car flipped over, and Fay's girlfriend, Alyssa Connolly, was reportedly not wearing her seatbelt and was ejected from the car.

When Massachusetts State Police Officers responded to the area, Fay allegedly began to run but was chased down and arrested.

Although prosecutors allege that Fay "showed signs of intoxication," there is no indication whether he was asked to perform any Field Sobriety Tests or was asked to submit to a Breathalyzer Test.

Continue reading "Holbrook Man Charged With DUI in Dorchester Crash" »

January 11, 2011

Dorchester Man Arrested for Assault on Boston Police Officer With Gun

Marvin Veiga was arraigned this morning in Dorchester District Court for allegedly Assaulting a Boston Police Officer with a Deadly Weapon, a rifle, this past Saturday after a high-speed chase in Dorchester. The Boston Police Officer ultimately shot Marvin Veiga in the leg.

Veiga was also charged with various Massachusetts Gun Crimes, including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, Possession of a Loaded Firearm; and Resisting Arrest.

According to the Suffolk County District Attorney's Office, the incident occurred when officer's of the "Boston Police Department's Youth Violence Strike Force" got an 'anonymous tip' to pull over a Chrysler in which Veiga and three others were in. When police tried to pull the car over, the driver, Osvaldir Mendes, of Dorchester, led police on a chase. When the car finally pulled over, Veiga, Mendes, and Takari Elliot, of Dorchester, got out of the car and they all ran. The fourth person in the car, Daronde Bethea of Milton, remained inside the car.

...I'll take bets that the source of the 'anonymous tip' is never revealed in this prosecution...but that's another blog for another day altogether...

Once the others were out of the car, a Boston Police Officer reported seeing Veiga with a rifle and ordered him to drop it. According to the police officer, Veiga allegedly pointed the gun at the officer, who then shot him in the leg.

With regards to Mendes, he was charged with various Motor Vehicle Crimes, including Negligent Operation of a Motor Vehicle; and all defendants have been charged with Gun Crimes and Resisting Arrest.

At his arraignment, Suffolk County prosecutors made it a point to note that Veiga had previously been charged with Unlawful Possession of a Firearm when his car was stopped by Massachusetts State Police. In that case, however, a Judge had allowed his Motion to Suppress, finding that there was no probable cause to stop the car. That decision has been appealed, however, because as we all know, the police never infringe on someone's Constitutional rights...

Continue reading "Dorchester Man Arrested for Assault on Boston Police Officer With Gun" »

December 6, 2010

Ninth Drunk Driving Charge for Rhode Island Man

fd2859_perry.jpgVernon Perry, of Rhode Island, was arrested in Massachusetts this past Saturday and charged with his ninth (9th) Drunk Driving Charge.

Perry was arraigned in Tauton District Court this morning and charged with Operating Under the Influence of Alcohol, Subsequent Offense, as well as Negligent Operation of a Motor Vehicle. Following his arraignment, he was held without bail pending a Dangerousness Hearing.

In Massachusetts, a conviction for a 5th or subsequent Drunk Driving charge carries up to 5 years in state prison.

According to the Bristol County District Attorney's Office, Perry was driving erratically, and the vehicle was drifting back and forth over the double yellow line. The Taunton Police Officer that stopped Perry's car claimed he observed his eyes glassy and red; and that it took him four attempts to get his license out of his wallet.

Perry was also asked to perform Field Sobriety Tests, which he failed; and he refused to submit to a Breathalyzer Test.

Should I Take the Breathalyzer Test?
If ever pulled over for suspicion of drunk driving in Massachusetts, you should know that the legal limit for Blood-Alcohol Content (BAC) is 0.08, which is relatively low.

Although police officers are supposed to tell you, they may (intentionally?) omit to tell you that you have the right to refuse to submit to a Breathalyzer Test. Although there will be a mandatory loss of your Driver's License if you do refuse to take the Breathalyzer Test (how long depends if you've previously been convicted and/or requested to take a BAC test), you should carefully weigh any loss of your Driver's License against the likelihood of providing greater evidence against you in the inevitable criminal prosecution.

For example, in cases where you know you would blow a BAC reading greater than 0.08, you might decide to refuse the Breathalyzer test with the hope of all other evidence against you being week, and hopefully beating your drunk driving case.

If you elect not to submit to a Breathalyzer Test, you should know that a refusal cannot be used at trial in the criminal prosecution against you.

In Massachusetts, the length of suspension of your Driver's License due to a Breathalyzer Refusal depends on whether you have any prior convictions or prior refusals to Breathalyzer Tests. If none, your license will be suspended for 180 days; with two priors, it will be suspended for 5 years; and with three prior, you could face a lifetime loss of your Driver's License.

Continue reading "Ninth Drunk Driving Charge for Rhode Island Man" »

August 4, 2010

Lawrence Middle School Coach Charged with Statutory Rape of Student

Tyrone Farrar, 30, was arraigned on Monday in Newburyport District Court on Sex Crimes Charges, including Statutory Rape, for allegedly having a sexual relationship with a female Lawrence Middle School Student.

According to the Essex County District Attorney's Office, Farrar, who works at a Lawrence Middle School as a security guard and serves as a basketball coach, allegedly began having sexual relations with a female student that began when she was 13 years old.

Farrar was arrested this past weekend for Negligent Operation of a Motor Vehicle and DUI while under the influence of drugs. At the time of his arrest, the female student, now 14 years old, was in the car with him. According to the police, the girl admitted to being sexually involved with Farrar, who is married.

Following his arraignment in Newburyport District Court, Farrar was held without bail.

In Massachusetts, the crime of Statutory Rape does not require that any force or threat of use of force to have been used. Rather, Statutory Rape is what is referred to as a 'strict liability crime', meaning that the consent of the victim is immaterial for prosecution of this offense (even a reasonable mistake as to the age of the victim is not a defense).

As with many Sex Crimes, a conviction for the crime of Statutory Rape would trigger the defendant to Sex Offender Registration; require him to submit his DNA to the state's DNA database; and could serve as a basis for civil commitment as a 'sexually dangerous person.'

Continue reading "Lawrence Middle School Coach Charged with Statutory Rape of Student" »

July 7, 2010

East Boston Drunk Driver Charged with Hitting Massachusetts State Trooper

Felix Morales.jpgFelix Morales, 39, of East Boston, Massachusetts, was charged with Drunk Driving and for hitting Massachusetts State Police State Trooper Captain Francis Hughes on Monday, July 5, 2010.

The Suffolk County District Attorney's Office alleges that State Police Captain Francis Hughes had directed Morales to stop at an intersection in Cambridge when the traffic lights were blinking yellow. Morales, however, did not stop and drove straight at him, struck Trooper Hughes and dragged him on the hood of his car for 30 feet before he was thrown off. Once pulled over, Morales is also alleged to have failed a Field Sobriety Test, posting a Blood Alcohol Content level of 0.15, almost twice the legal limit of 0.08. Morales, it was revealed, had also been twice previously charged with Drunk Driving in Lynn and Revere.

At his arraignment in East Boston District Court, Felix Morales was charged with several Drunk Driving Crimes, including Driving Under the Influence, Leaving the Scene of an Accident, and Assault & Battery with a Dangerous Weapon.

This incident was the second in as many days when a Massachusetts State Police Trooper was struck by an alleged drunk driver. In a separate in incident on Sunday, July 4th, Trooper Sean McGarry was clipped by a passing motorist on Route 128 in Peabody as he was in the process of placing a man under arrest. The driver of that car has not been found, but police are searching for a grey or silver sedan that lost its passenger side mirror as a result of striking McGarry.

Continue reading "East Boston Drunk Driver Charged with Hitting Massachusetts State Trooper" »

June 29, 2010

High Speed Chase on Mass. Pike Leads to Psychiatric Evaluation

Pike Chase.jpgEarly yesterday afternoon, Massachusetts State Police Officers initiated pursuit of Alejandro Serra for allegedly driving through downtown Boston and screaming out of his car, and then driving at a man and his grandson who asked him to turn down the music.

Serra, however, wouldn't stop for Massachusetts State Police Troopers, and led them on a high-speed chase on the Massachusetts Turnpike from Boston to Framingham. The chase only ended when Serra rammed his can into a Massachusetts State Police vehicle and spun out of control.

Alejandro Serra was arraigned this morning in the Boston Municipal Court on several charges including Assault & Battery with a Dangerous Weapon, Negligent Operation of a Motor Vehicle, and Failure to Stop for Police.

Alejandro Serra.jpgHe had been evaluated by a Court Psychologist, who described him to be "out of touch with reality" and recommended that he continue to be evaluated. Ultimately, Serra was held on $5,000 cash bail and ordered to be sent to Bridgewater State Hospital to under a more comprehensive psychiatric evaluation. Clearly, there is a question of whether Serra is even Competent to Stand Trial; and even if so, whether there is a Defense of Lack of Criminal Responsibility for his actions.

Continue reading "High Speed Chase on Mass. Pike Leads to Psychiatric Evaluation" »

June 8, 2010

Dad Drives Drunk, Crashes with UnBelted Child in Boston

Michael Tompkins, 40 of North Weymouth, Massachusetts, was arraigned yesterday morning in Quincy District Court with numerous Drunk Driving charges for driving while under the influence and crashing the car, all with his 6 year old, without a seat belt, in the car.

Tompkins allegedly rear-ended another vehicle last Friday, and then drove away from the scene. The woman whose minivan he hit, then followed him while calling the police. At his arraignment in Quincy District Court, prosecutors alleged that when he was stopped, Tompkins could not stand up without help from the police; slurred his speech; smelled of alcohol and admitted to drinking. Although Tompkins' 6 year old daughter complained of some pain, it appeared that she was OK.

Held on $2,500 cash bail after his arraignment, Tompkins was charged with numerous Drunk Driving Charges, including DUI/OUI, 3rd Offense; Child Endangerment While Under the Influence of Alcohol; Failing to Properly Restrain a Child in a Vehicle; Failure to Stop for Police; Leaving the Scene of an Accident; and Driving to Endanger.

Massachusetts Child Seat Belt Laws:

In Massachusetts, all children under the age of 5 MUST be fastened and secured in a child passenger restraint unless the child measures more than 57 inches in height. If the child is between 5 - 12 years of age, and measuring greater than 57 inches in height, the child MUST be secured with a seatbelt.

Continue reading "Dad Drives Drunk, Crashes with UnBelted Child in Boston" »

May 5, 2010

Dorchester Man Arrested for Drug Dealing at Braintree's South Shore Plaza

Joseph F. Cruz, 28, of Dorchester, Massachusetts, was arrested on May 3rd for allegedly selling Oxycodone pills at the South Shore Plaza in Braintree.

Braintree Police Detectives allege that they had received complaints that Cruz was selling drugs out of his apartment. After an undercover surveillance operation was established, Braintree Police observed Cruz exit his apartment and drive to the South Shore Plaza in Braintree. At the mall, another man entered Cruz' vehicle where a drug transaction is alleged to have taken place.

When Braintree Police tried to approach the two men, Cruz drove away and the two men ultimately fled into Nordstrom's Department Store where Cruz was apprehended by mall security. The other man, however, was not caught.

A subsequent Search Warrant executed at Cruz' apartment led to the discovery of marijuana, digital scales and packaging consistent with drug distribution. Additionally, a bulletproof vest was found along the route where Cruz is alleged to have fled when Braintree Police initially approached him; and an Oxycodone pill and other evidence of drug distribution was found in his car.

Joseph F. Cruz is to be charged with Possession with Intent to Distribute, Possession of a Controlled Substance, Conspiracy to Violate Drug Laws, Failure to Stop for Police, and Negligent Operation of a Motor Vehicle.

The other man who fled apparently had dropped a prescription pill vial with his name on it, and is currently being sought for Receiving Stolen Motor Vehicle and Conspiracy to Violate the Drug Laws.

Continue reading "Dorchester Man Arrested for Drug Dealing at Braintree's South Shore Plaza" »

March 22, 2010

Marblehead Teen Charged with Vehicular Homicide in Death of Salem Woman

Christopher Maxson, 19, of Marblehead, was arrested last night after he collided with a car on Eastern Avenue in Lynn and then struck several parked cars before rolling over. As a result of the crash, Julia Gauthier, 19, of Salem, was ejected from the sunroof and died from her injuries.

Maxson was arraigned today in Lynn District Court on various drunk driving charges, including Reckless Operation of a Vehicle and Motor Vehicle Homicide.

The Lynn Police Department responded to reports of a motor vehicle crash with injuries at Eastern Avenue and Glenwood Street in Lynn, near the Swampscott line, at 1:00 a.m. Besides, Maxson and Gauthier, there were two other passengers in the vehicle.

After his arraignment, Christopher Maxson was reportedly held on $12,000 cash bail.

Continue reading "Marblehead Teen Charged with Vehicular Homicide in Death of Salem Woman" »