Massachusetts DUI Lawyers Blog

As a Massachusetts OUI defense attorney, I am reminded everyday of the devastating affect a drunk driving arrest can have on a person's life. The person feels ashamed and helpless. Most of the time, the arrestee is a good person with no prior criminal record who made a mistake. He or she now faces the societal stigma associated with the OUI (operating under the influence charge). Even the most favorable plea deal allowed by law includes a period of license loss, significant court courts, alcohol awareness classes, travel restrictions, and legal fees. Since 2005, much harsher penalties have been imposed for those charged with OUI, as a result of the public's commendable admonishment of drunk driving.

Unfortunately, the inevitable negative consequence has been the punishment of those charged with OUI, but are in fact Not Guilty. Even with an eventual dismissal or Not Guilty finding, the defendant suffers the trauma of an arrest and criminal prosecution (which may drag out for a year or longer), his or her name in the local newspaper, significant court and legal costs, and an automatic suspension from the Registry of Motor Vehicles. Only those who have gone through this process can truly understand how devastating it can be on one's life. Police are usually faced with a very difficult decision whether or not to arrest a person for drunk driving. There is usually an "investigation" that lasts no more than a few minutes, based on nothing more than the officer's initial subjective observations, before the decision to arrest is made. Fortunately, due process of law allows for the defendant to have his or her day in court, where ALL of the evidence is gathered and considered before the person can be found "Guilty" of the charge. In Massachusetts, the majority of cases that are fully examined and decided by juries or judges after evidence and facts have been gathered for months, rather than minutes, end with verdicts of "Not Guilty."

So why are Massachusetts Police officers commended and rewarded for the raw number of OUI arrests made, without regard to the validity of the arrest, the finding of a judge or jury, and before the person has had her or her day in court?

Continue reading "Massachusetts Police Honored for both Valid & Invalid Drunk Driving Arrests" »

While looking at some of the latest drunk driving cases in the news, "British man arrested for drunk driving in toy barbie car" caught my eye. It brought up an amusing situation that I have yet to encounter as a Massachusetts drunk driving defense attorney. A few days ago, a 40-year-old British man who happened to be a former Air Force aeronautical engineer was helping his son re-build a discarded, battery-operated, barbie-mobile for a college project. After consuming enough alcohol to set him over U.K.'s legal limit, the 40-year-old hopped into the two-foot high car, his knees tucked under his chin, and attempted to "drive" it to a neighbor's house to show-off their work. Although the car's top speed is just 4 mph, the man was pulled over by local police on the road outside of his house. His license is now suspended for 3 years.

All other factors being equal, and assuming this man does not have a significant criminal record, the United Kingdom's 3-year license-loss for the offense is certainly more harsh than Massachusetts' first-offense drunk driving penalties. However, a police officer would actually have legal grounds to arrest this man had this situation occurred in Massachusetts.

Under Massachusetts Law, in order for a person to be arrested for operating under the influence of alcohol, three elements must be present:

1. The person operated a motor vehicle,
2. on a public way,
3. while under the influence of alcohol.

In this case, if the man was driving the vehicle on the road in front of his house while over the legal limit, elements two and three are clearly present. Although it may seem a little ridiculous, the vehicle may be considered a "motor vehicle" for purposes of this statute. I am not aware of any Massachusetts cases involving an intoxicated person driving a 2 foot-high pink barbie car with his knees tucked under his chin at under 4 mph, but I would love nothing more than to take the first one to trial.