A series of serious and fatal crashes on Route 24 and I-195 have prompted state troopers to boost their patrol efforts on both highways, hoping to nab speeders, drunk drivers and careless motorists.

Massachusetts DUI lawyers know that more patrols are likely to equal more arrests. It’s important to understand the background of why law enforcement is targeting this area, as well as what you should do if you’re stopped.

A recent two-part series by The Enterprise newspaper detailed what has been a treacherous year, particularly on Route 24. Drivers spoke of how they drive defensively because they felt it often a matter of life or death on that stretch of highway.

In fact, the newspaper staff, after combing through four years worth of crash data, determined that it’s one of the most dangerous roads in the state. In the last year, there have been 630 crashes on Route 24, resulting in 11 deaths and many more injuries. That averages out to about two crashes a day.

Law enforcement say the reasons behind these crashes vary, but mostly put blame on certain dangerous driving habits, including speeding, impaired driving and wrong-way driving.

Certainly, reckless drivers are out there. However, Massachusetts DUI attorneys know that a lot of it also has to do with poor road design. Even the newspaper reported that when the road first opened back in 1952 as the Fall River Expressway, there were approximately 30 exits over a span of just 43 miles. Most of those ramps are abrupt, allowing motorists just a few car lengths to either speed up and merge or slow down and avoid a collision. Sure, some people go too fast, but poor road design can be a factor in a crash – and in some cases, a possible defense. Drivers could be doing everything right, but accidents will still happen.

Some motorists interviewed by the paper indicated that scofflaws were to blame, as was the lack of police enforcement. So now, law enforcement is answering that claim by tripling their patrols on both Rt. 24 and I-195, particularly on weekend nights through September. When increased enforcement is announced, it also means there is an increased probability of being stopped. When law enforcement is predisposed the make traffic stops and take enforcement action, motorists are also at increased risk of questionable or unfair arrest.

Of course, the best way to avoid a DUI is not to drink before you get behind the wheel. The legal limit in Massachusetts for blood alcohol content is 0.08 percent, but the problem is, many people have a hard time telling once they’ve reached that limit.

Because the chances of your getting pulled over and arrested on Rt. 24 and I-195 are increased, here are some things to keep in mind if you get stopped:

1. Reduce your chances of being pulled over by keeping your vehicle in good working condition. This means making sure your rear and headlights are working, you don’t have illegal window tint and your vehicle is generally well-maintained. Also, make sure that your license plate is properly renewed and your license, registration and insurance is current.

2. Remain calm and be polite. Almost everyone is nervous when getting pulled over, but try to maintain your composure. Remember too that being rude will probably get you nowhere.

3. Don’t be combative, but know that you have the right to decline to take a field sobriety test, take a breath test and to tell the officer whether you’ve been drinking. Understand that under the Massachusetts implied consent law, if you refuse a breath test, you will likely be arrested and lose your license for at least 180 days. This statute is found under Massachusetts General Laws 90-24(f). On the flip side, there will be less evidence to prosecute you for a DUI or OUI.

4. If you are arrested, do not make any statement to police or investigators without an experienced DUI attorney present. Contact an attorney as soon as possible.
Continue Reading ›

Massachusetts DUI cases repeatedly prove no one is immune. Retired porn star Jenna Jameson recently became the latest high-profile person arrested for DUI.

Massachusetts DUI attorneys understand that the charge that was filed in Jameson’s case was a misdemeanor. While that may not mean much to someone with Jameson’s wealth, it can have a lasting impact for the average joe – which means investing in an experienced lawyer is so important in these cases.

In fact, it can have a lasting impact for anyone. It’s worth noting most of actress Lindsey Lohan’s legal problems stem from probation violations in the wake of a pair of DUI arrests that occurred years ago.

Massachusetts DUI attorneys are paying close attention to the developments surrounding the efforts of state legislators to close a legal loophole that allows certain individuals convicted of Boston DUIs to avoid certain penalties.

It involves Melanie’s Law and those individuals who may have admitted to driving drunk, but are not actually found guilty according to the law. This is called being continued without finding. Those individuals may still have to preform community service or pay fines, but they aren’t technically found guilty of drunk driving.

Last week, in our Massachusetts DUI Lawyers’ Blog, we wrote about the decision by the Massachusetts Supreme Judicial Court, which ruled that should they be arrested again for driving drunk, those offenders who aren’t actually found guilty the first time should not be subjected to the harsher sanctions imposed by Melanie’s Law for repeat offenders.

This came after a 2010 case in which a man was arrested for his second DUI. Prosecutors attempted to have him punished under the tough penalties of Melanie’s Law. But the issue was that following his 1997 arrest for DUI, he admitted to a “sufficient facts for a finding of guilty.” The key here is that he never actually pleaded guilty, nor was he found guilty by the court.

In some cases, judges have allowed defendants to admit there is enough evidence to convict, but then the judge will continue the case without finding. Generally, this happens when judges believe the person isn’t going to re-offend. It’s a break, in other words, and one an experienced Massachusetts DUI defense lawyer can sometimes negotiate.

Those individuals are likely to agree to undergo substance abuse counseling or some other form of treatment.

So when he appealed those increased penalties, the court sided with him, saying legislators did not specifically say in the language of the law whether those in his situation should be deemed a repeat offender. It calls into question the whole meaning of the word, “convicted.”

That brings us to today. The implications of this ruling are that some penalties for certain repeat offenders could be lifted.

However, state legislators are trying to prevent this from happening. They want to introduce language into the law that would include this subset of DUI offenders, and effectively close the loophole.

They may in fact be successful in this, so what that means is that if you fall into this subset, you need to contact an experienced Attleboro DUI attorney who may be able to help you appeal your case, based on this new ruling.

According to The Boston Globe, this ruling could impact thousands of cases annually. In fact, between just 2008 and 2011, officials with the state’s Registry of Motor Vehicles say there are about 33,000 cases that were continued without a finding.

That means that the RMV doesn’t count them when considering civil penalties for repeat drunk driving offenses. This would include sanctions like the length of time your license is suspended, which increases with every subsequent offense.

In order for the law to be changed, both the House and the Senate would have to vote to approve an amendment, which would then have to be signed off on by the governor.
Continue Reading ›