Massachusetts Driving Laws

Drunk Report, publishing names of people charged with drunk driving...what's the purpose?

If someone is going to get into a car, after going to party of having dinner with friends...is worrying that if they get pulled over and charged with drunk driving going to make them think twice?

First of all, just because someone is charged with operating under the influence - it does not mean they actually are, sometimes they are not paying attention and swerve - and get stopped.  Sometimes a plate light is out and they get stopped.  There are also many medical reasons why a person could appear to be drunk driving.

Second, I am not convinced that seeing a name in the police report does anything more than embarrass the person who is simply charged with an offense.

One thing that publishing reports of drunk drivers, whether they are found guilty or simply charged, is to make the District Attorneys and Judiciary very nervous about using their discretion to reduce a charge.  I'm not talking about someone who has been charged with a third offense drunk driving and had two previous offenses in the past few years, I'm talking about the lifetime look-back of Melanie's Law.  This means if you are charged with drunk driving now, and you have a conviction or a cwof (continuation without a finding) in 1977, and the prosecutor has a copy of the conviction, you are technically not eligible for a first offenders program.  Now, there are certainly more factors that are considered in deciding on whether or not someone is eligible for a first offenders disposition, such as whether or not they completed a program the first time they were found guilty or admitted to sufficient facts.

The Patriot Ledger has a column, that it runs regularly, called The Drunken Driving Record, where names of people charged with a second offense or higher of drunk driving are published in the local paper.  I am curious to find out if it acts as a deterrent or simply puts extra pressure on prosecutors, criminal defense attorneys and the judiciary.

If you have been charged with drunk driving (operating under the influence of intoxicating liquor) contact me at 617-328-6900 or email me at jfoley@sullivanandsweeney.com to set up a consultation.  At Sullivan & Sweeney, LLP we have the experience and expertise to handle your case.

One way to get out of a criminal conviction

On April 14, 2008, a Westborough, Massachusetts man was scheduled to go to trial on a charge of 5th offense operating under the influence (i.e. he allegedly had four previous convictions for OUI) or drunk driving.  The witnesses didn't appear due to an error in summoning the witnesses and according to the Boston Channel, he was found not guilty. 

It is not entirely clear, if Bryce Williams was found not guilty or if the case was dismissed - if he was found not guilty it was his lucky day. 

If the Judge only dismissed the charges, Mr. Williams should not discharge his counsel just yet, it is possible that the Worcester County District Attorney's office will re-file the Complaint.  If it is dismissed again, they could appeal the dismissal.  I had a similar case when I was an Assistant District Attorney in Plymouth County, and appealed the dismissal, and because there had been a mix-up with summonses and the troopers had appeared at every other scheduled date, the case was put back on the trial list.

The fact that this story even made the news, just goes to show how much pressure the media is putting on law enforcement, particularly in the wake of Melanie's Law, to prosecute drunk driving cases to the fullest extent of the law.

If you have been charged with drunk driving, call my office at 617-328-6900 or email me to arrange for a free consultation.

Driving laws and celebrities.

I have a blog about Massachusetts Driving Law (as you know if you are reading this), and it is not very often that there are celebrities involved in driving related issues in Massachusetts. 

This past week in Gloucester, Massachusetts Sandra Bullock and Jesse James were involved in a car accident with an alleged drunk driver.  Sandra and Jesse are at the other end of the celebrity drunk driving spectrum, they are allegedly victims of a drunk driver. Luckily no one was injured in the accident. 

Boston.com reported on April 20, 2008 that Lucile Gatchell of Gloucester, swerved and hit the vehicle that was carrying Sandra Bullock and her husband.  According to Matt Viser, of the Boston Globe, Ms. Gatchell took a breathalyzer, and it came back a .20 (.08 is the per se legal limit in Massachusetts), she also was overheard stating "My first drunk driving incident and I hit Sandra Bullock."

According to the reports, Ms. Gatchell has no prior history of drunk driving, therefore she will be eligible for the first offenders program. Ms. Gatchell made a few mistakes (in my opinion) after the accident, first she took a breathalyzer, and second, she made a statement "My first drunk driving accident." Of course I do not have all of the details, and there may be some suppression issues so the statements and/or the breathlyzer may not be admitted as evidence in court in the event that there is a trial.  Perhaps she can try the "I was in shock because I hit a famous person", defense. 

Check out Boston Channel for a video of the arraignment.  Also for more stories related to the accident you can check out:

Driver charged in crash with actor, by Matt Viser, Globe Staff

Bullock crash draws worldwide attention, by Richard Gaines, Gloucester Daily Times

There are some great celebrity blogs, that regularly report on celebrities, one I like (because it combines celebrities and drunk driving) is Popsquire. 

A Warning instead of a Speeding Ticket?

    Recently, the The Boston Globe, published an article: Warning! When it comes to traffic tickets, it matters where you get stopped. by Ralph Ranalli and Manny Veiga.  The authors investigated whether drivers are more likely to get warnings or ticketed for moving violations in approximately 21 local cities and towns.  Turns out, according to their research, that in many towns you are just as likely to get a warning as a ticket for a moving violation. 

    Needham, Dover, Wellesley, Southborough, Lincoln and Newton all reported more warnings then citations.  There is certainly advice on how to avoid a speeding ticket: crying, begging, being polite.  (see also Stopped by a Police Officer?)

    According to to the investigation conducted by the reporters of The Boston Globe, the police actually have discretion as to whether or not they give out a citation.  If the incident involves threats to the public safety - even if your driving record is clean - you are likely to get cited.  If you are going 5 mph over a speed limit, you will probably get a warning. 

   The officers said that warnings work - and that's why they use them.  On the other hand, if you have been given 20 warnings - it's likely you are going to get a ticket.

For more information see:

Warning! When it comes to traffic tickets, it matters where you get stopped (The Boston Globe, March 31, 2008, by Ralph Ranalli and Manny Veiga)

Some Towns Give out More Warnings