Articles Posted in OUI/DUI

imagesA reported question pre-trial was taken by the Massachusetts Supreme Judicial Court in the matter of Commonwealth v. Timothea T. Neary-French as to whether the defendant had a right to an attorney prior to submitting to a breathalyzer test.  The Supreme Judicial Court held that there is no such right to an attorney before deciding whether to take a breath test when stopped for Operating Under the Influence of Alcohol, despite the fact that the law permits a permissible inference of intoxication upon a reading of a blood alcohol level of 0.08% or more. Continue Reading ›

Luis Gabriel Escalante, 22, was arraigned yesterday morning in the Chelsea Division of the Boston Municipal Court on Massachusetts Drunk Driving Charges.

Escalante was formally arraigned with Operating Under the Influence of Alcohol, Leaving the Scene of an Accident After Causing Death, and Motor Vehicle Homicide.

According to the Chelsea Police Department, Escalante allegedly struck and killed Julio Vaquerano this past December after driving while intoxicated with alcohol. Vaquerano was found suffering from major injuries in the area of Blossom and Maple Streets in Chelsea, and was pronounced at Massachusetts General Hospital. His injuries were reportedly consistent with being hit by a car.

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.

In the recent case of Commonwealth v. Robert McGillivary, the Massachusetts Supreme Court addressed the legal issue as to whether an intoxicated driver, who only puts the key in the vehicle’s ignition without turning the car on, can be found guilty of Drunk Driving in Massachusetts.

By way of background, Robert McGillivary was convicted after trial of Operating Under the Influence of Alcohol. At trial, the evidence presented by the prosecutor was simply that he was found in the passenger’s seat of the car and had turned the ignition key once to activate the car’s power – but not further to turn the car on. At some point, the defendant testified that he had moved from the passenger seat to the driver’s seat, but did not recall ever putting the keys in the ignition. He ultimately found by the police slumped over the steering wheel. At his trial, there was absolutely no evidence that he actually drove the car at all.

McGillivary was convicted after trial and he appealed his conviction arguing that simply turning the car’s power on was not “operation” for purposes of the crime of Operating Under the Influence of Alcohol or Drugs.

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.

John McCarthy, 61, of Somerville, Massachusetts, was charged with Drunk Driving / DUI after he allegedly drove the MBTA bus he was operating into a car stopped at a red light in Somerville.

McCarthy was arrested this past Friday by Somerville Police and is expected to be arraigned on charges of Operating Under the Influence of Alcohol tomorrow.

According to the MBTA and Somerville Police, McCarthy was allegedly found in the driver’s seat of the bus, slouched over the steering wheel with his foot on the brake. An MBTA Police Officer who responded to the accident allegedly observed the bus to be still in drive. An open bottle of vodka was allegedly found in McCarthy’s possession.

Jeremy Garnder, 29, was arraigned on Massachusetts Motor Vehicle Homicide Charges and Walter Smith was charged with DUI / Drunk Driving Charges in the car crash that killed Gregory Vilidnitsky, 57, in Framingham last September.

Both men were arraigned in Middlesex Superior Court this past week. Gardner was charged with Motor Vehicle Homicide, Leaving the Scene of an Accident After Causing Death, Leaving the Scene of an Accident Causing Property Damage, and Operating Under the Influence, Second Offense.

Smith was also arraigned on the Drunk Driving Charge of Operating Under the Influence, Fourth Offense.

Richard P. Speropoulos, 64, of Revere, Massachusetts, was arrested last week on DUI / Drunk Driving Charges in Lynn when he was allegedly found sitting in his car with a bottle of vodka and a bag of marijuana.

According to the Lynn Police Department, officers purportedly received a ‘tip’ about an impaired driver on Boston Street. When officers responded to the area, they allegedly found Speropoulos sitting in his car with the engine running. Lynn Police Officers allege that Speropoulos smelled of alcohol and spoke with slurred speech.

Although Field Sobriety Tests were not performed due to ice on the ground, Lynn Police reported that a bottle of vodka, along with 23 grams of marijuana was seized from Speropoulos’ vehicle. At booking, he allegedly blew a 0.23 on the Breathalyzer Test.

Gayle Drummond, 37 of Norwell, was arrested this past Saturday night and charged with violating Massachusetts Drunk Driving / DUI Laws for driving without her pants and with her 4 month old baby in the car.

According to the Norwell Police Department, officers received reports of a drunk driver who allegedly hit a snow bank, removed her pants and then continued driving. The person who reported the incident also observed an infant in the backseat.

A short while later, Drummond was stopped by Norwell Police, who allege that she had an odor of alcohol, bloodshot eyes, slurred speech and was unsteady on her feet. The officers did confirm that there was a 4 month old child in the backseat, and that Drummond was not wearing her pants.

Albert Lanzo, Jr., 50, of Methuen, was arrested for his 14th Massachusetts DUI Offense in Lawrence this past weekend. Lanzo was specifically arraigned on Drunk Driving Charges including Operating Under the Inlfuence of Alcohol, 5th or Subsequent Offense; Driving with a Suspended License; and Leaving the Scene of Property Damage.

According to the Lawrence Police Department, Lanzo allegedly drove over a mailbox and left the scene. After police responded to investigate, Lanzo’s truck was located less than a mile away, with Lanzo slumped over the steering wheel.

Although Lawrence Police “detected a strong odor of alcohol”, it is unclear whether Lanzo was asked to perform any Field Sobriety Tests and/or to submit to a Breathalyzer Test.

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