While all 50 states and the District of Columbia follow the legal standard of criminalizing blood alcohol contents of .08 and above, that standard may change after the National Transportation Safety Board released a set of recommendations regarding drunk driving.
]]> Essentially, the NTSB recommended lowering the legal alcohol limit to .05 percent. The impetus behind the current law was that it would save lives. It has (for the most part) with alcohol-related highway fatalites dropping from 21,000 per year in the 1980's to 10,000 per year. Further, the .08 standard has grown to be an important cultural standard in the continual battle against drunk driving.Reducing the legal alcohol limit has its opponents. They believe that it does nothing to deter hard-core drinkers, who are commonly linked to fatal car accidents. Habitual drinkers are known to get behind the wheel without appreciating the criminal penalties they face or safety hazards they present to the public.
However, proponents believe that progress has stalled and another adjustment must be made to curb alcohol-related car accidents. In addition to the potential lives saved, they rely on statistics suggesting that drivers with a .05 percent BAC are 38 times more likely to be in an accident than sober drivers, compared to drivers with .08 (who are 169 times more likely to crash.
Source: NYTimes.com, Safety board endorses lower legal alcohol limit, May 15, 2013
]]>Most people charged with driving while intoxicated are men, but a growing number of women are being arrested for the same. This post will identify some of the factors researchers have found that drive women towards this behavior.
]]> According to study fro McGill University, some women may have the same problems with "executive control" that men have (i.e. making good choices, learning from past experiences). They may also have problems dealing with stressful experiences, including stress and anxiety.Researchers also found that women likely to be arrested for DUI are typically unmarried and are more inclined to have problems maintaining steady employment. They may also be masking other substance abuse issues, such as cocaine or meth addictions.
The differences in ages revealed significantly different reasons for why women drank. Younger women were more likely to drink because their peers did so. Married women would drink after their children were born (or were stressed out because of them). Women with adult children were likely dealing with a difficult divorce or the death of a loved one.
While media campaigns about responsible alcohol use appear to resonate with men, they have not done so with women, and it appears that the same charms that drive men to drink do not apply to women.
Nevertheless, treatment has been identified as the way to overcoming drinking problems.
Source: Time.com, Why women drink and drive, January 24, 2013
]]>The news of fewer drunk driving arrests in Boston was welcomed with both praise and skepticism. According to a BostonGlobe.com report, authorities made 241 drunk driving arrests in 2012. The number was very low in comparison to other metro areas with comparable populations. Denver, Colorado made more than 3,000 arrests, and Philadelphia police made nearly 4,500 arrests.
]]> Skeptics questioned whether the police department was taking drunk driving seriously; making it a lower priority compared to other crimes (e.g. drug possession, robbery, domestic assault). Some anti-drunk driving advocates believe that the police department has developed a culture where traffic stops (and sobriety checkpoints) have become a low priority.However, the police department noted that most people in Boston walk to their destinations (especially downtown) and that a growing number of operating under the influence (OUI) arrests are made by the Massachusetts State Patrol.
The police also noted that other walkable cities (like Washington, D.C.) have lower drunk driving arrests than Boston.
Nevertheless, drunk driving is a crime that should not be taken lightly by those who drive in Massachusetts. Those who are arrested face potential jail time and a host of fines and adminstrative penalties, including the loss of their driving privileges. Because of these consequences, it is prudent to seek legal counsel to understand your rights and options.
Source: BostonGlobe.com, Drunken-driving arrests becoming rare in Boston, April 7, 2013
]]>According to the Los Angeles Times, officers saw Michaels Make an illegal u-turn, which prompted them to stop Michaels' car. During the stop they reportedly smelled alcohol on his breath and indicated that he had slurred speech, so they asked him to perform several field sobriety tests, which he failed. He was then arrested and taken to the police station for further evaluation.
]]> According to numerous reports, Michaels performed a breath test which measured his BAC at .08, which is at the legal limit for the State of California (and the Commonwealth of Massachusetts for that matter).The case is an interesting one given the inherent flaws with breathalyzer machines. Stories abound of machines being improperly calibrated and inaccurate results coming from them. With Michaels being so close to the legal limit, it begs the question of whether the machine properly measured the concentration of alcohol on his breath. An experienced criminal defense attorney would challenge the findings and work to find a way to have them suppressed.
It also garners interest due to the scrutiny professional sports leagues (especially the NFL) have endured due to drunk driving arrests. It remains to be seen whether Michaels will be disciplined by NBC.
Source: Yardbarker.com, Al Michaels reportedly arrested, charged with DUI, April 22, 2013
]]>Even with these efforts, much has been said about offenders who try to escape potential criminal charges (by refusing chemical tests) and how law enforcement has responded with "no refusal" tactics. Essentially, some sobriety checkpoints include onsite (or nearby) judges who can quickly issue search warrants so that onsite nurses can take blood samples.
]]> For some agencies that do not have that luxury, they are beginning to use electronic apps to expedite the search warrant process. An officer can send a warrant application directly from his or her patrol car to a waiting judge, who can make a decision and email a response within minutes. There is no need to drive to a police station, fax documents and wait for a judge to review the petition.Police agencies that are incorporating this technology are pleased with the results. They report having responses to warrants within 10 minutes, and the quick turnaround helps to prevent offenders from avoiding criminal charges.
While this may greatly expedite the time for alcohol related search warrants, officers still must have probable cause to initiate an arrest. This may include first hand physical observations of slurred speech, glassy, bloodshot eyes, balance problems and strong odors of alcohol.
Nevertheless, defenses could be raised to suppress evidence obtained through an electronically obtained warrant. If you have questions, an experienced criminal defense attorney can help.
Source: USA Today.com, Phoenix Police speed up DUI search warrant process, April 12, 2013
]]>While texting while driving has created a unique and prominent danger for teens, drinking and driving should not be forgotten. A Mothers Against Drunk Drivers survey presents some interesting information about underage drinking and teen driving habits. While less than 10 percent actually admitted drinking and driving, it is very likely that more kids are doing so. After all, many teens are unwilling to admit to some of their vices out of fear of being charged with a crime.
]]> Nevertheless, underage drinking is a dangerous issue with Massachusetts teens, especially considering their driving habits. Teens are known for driving fast, having a number of people in their vehicles (even though it is against the law) and bowing to peer pressure. With alcohol reducing their faculties, aggressive drivers are more likely to be involved in accidents.Ultimately, underage drinking is a crime. As such, anyone under 21 with alcohol in their system while behind a wheel can face criminal penalties. Because of this, parents and teens should have frank and honest conversations about alcohol and the consequences they face should they break the law.
If a teen is charged with an alcohol related crime (minor in possession or DUI) an experienced attorney can help guide them through the process.
Source: About.com, Prom and graduation time dangerous season for teens, October 16, 2011
]]>In addition to drunk driving, Ta'amu was charged with aggravated assault as well as resisting arrest. Since the incident, he has been released from the Steelers.
The story is important given how the National Football League is viewing drunk driving incidents, especially in light of its new partnership with Mothers Against Drunk Driving.
]]> As we highlighted in a prior post, NFL players become front page stories when arrested for drunk driving. It is more than the high-profile stories such as Kansas City Chiefs linebacker Javon Belcher or Cowboys defensive tackle Jay Ratliff, but it is the overall image the league wants to project given the status it has in American culture.In the meantime, Ta'amu, like many other people in Massachusetts who are charged with driving under the influence are entitled to a defense. They are afforded the opportunity to tell their side of the story and take advantage of any available defenses. A skilled attorney can advise an accused of their rights, options and implications of their choices.
Suffice it to say, you don't have to be an NFL player in order to defend your rights under the law. If you have questions about the effect a DUI charge may have on your liberty, an experienced criminal defense attorney can advise you.
Source: ABC News.com, Ex-Steeler Ta'amu set for trial in traffic arrest, April 4, 2013
]]>A mistrial is declared when a trial court judge finds that some legal defect prevents the trial from being completed and a proper verdict cannot be rendered. Mistrials can occur in a number of instances. The most common is the "hung jury" which occurs when jurors cannot reach a unanimous verdict. When one of the attorneys cannot continue (due to health reasons, for example) a mistrial can be declared.
]]> Also, a mistrial can be ordered when evidence that was previously ruled inadmissible is introduced against the judge's order. In these instances, a jury could be unfairly prejudiced and a fair verdict may not be reached.In the case described above, the judge previously ruled that evidence regarding the driver's prior drug possession charge could not be introduced. When prosecutors introduced it anyway, the court declared a mistrial.
The story is important because a skilled criminal defense attorney would know what evidence to exclude, and draft suppression motions to keep it from being considered by the jury. These motions could directly influence how prosecutors approach criminal cases.
Despite the mistrial, the prosecutors plan to try the man again in a new trial. If you have questions about mistrials and whether one may be appropriate in your case, consult an experienced criminal defense attorney.
Source: Boston.com, Mistrial declared in fatal crash case in Western Mass., March 26, 2013
]]>Moreover, the NFL will pledge its public support to MADD's "Campaign to Eliminate Drunk Driving." The partnership is significant not only because of how NFL players become front page stories when charged with drunk driving, hundreds of thousands of football fans become inebriated every weekend during the fall. As such, the partnership is an attempt at changing the culture behind the enjoyment of football games to one that encourages responsible decisions about alcohol use.
Critics of the partnership may question whether the advertising revenue generated by alcoholic beverage manufacturers creates a paradox between the NFL and MADD, while proponents believe it is a step in the right direction.
Source: NBC Sports.com, NFL, MADD to expand relationship, March 18, 2013
]]>While we value defending people accused of crimes, it is sometimes surprising to hear how honest a person charged with drunk driving can be. When Fitchburg police pulled over a man who was driving erratically, officers noticed a can of beer in a cupholder. They asked how much the man had to drink and he responded "way too much."
]]> Other field sobriety tests were not successful for either the police or the driver. When asked to recite the alphabet, the man reportedly responded, "We both know I'm drunk so does it matter?" A request to conduct a balancing test was met with a similar response. He allegedly said, "Do we even have to bother with this? I already told you I am drunk."This unusual dose of honesty gives officers all the facts they need to charge the man with driving under the influence of alcohol, but it is likely more indicative of an ongoing alcohol problem. As criminal defense attorneys it is important to make these distinctions because it creates opportunities to avoid criminal sentences through diversion programs designed to treat addiction.
If you have been charged with a drunk and have prior convictions, an experienced attorney can advise you.
Source: NewsHerald.com, Bizarre blotter: 'We both know I'm drunk' driver tells cop, February 21, 2013
]]>In conjunction with local police and sheriff's departments, the FHP will be stepping up enforcement efforts throughout the spring. Their reasoning is that alcohol can ruin what is a fantastic warm weather experience for tourists and change innocent lives forever. Because of this, the FHP reiterated its stance on drunk driving, and reminded the public of the stiff penalties that come with DUI convictions.
]]> A DUI conviction in Florida could lead to jail time and more than $1000 in fines and penalties. An offending driver's license would be suspended for up to 180 days as well. For a Massachusetts driver convicted of drunk driving in Florida, the administrative penalties will be reported to state authorities and treated as if the offense happened here. Essentially, the license suspension would extend to Massachusetts, and the offending driver would have to petition a court for a hardship license. Moreover, prior DUI offenses in Massachusetts (or other states for that matter) could affect how your Florida case is charged.Suffice it to say, if you are facing drunk driving charges in another state, it is important to speak with an experienced criminal defense attorney to learn about your rights and options.
Source: HistoricCity.com, DUI enforcement stepped up for spring break, March 1, 2013
]]>With many celebrating St. Patrick's Day with alcohol, we encourage our readers to not allow the celebration to continue while driving. The risks (and consequences) of a DUI conviction are simply not worth the trouble compared to simply flagging a cab, riding with a designated driver or using public transportation.
]]> Think of it, a DUI arrest could lead to more than $1000 in fines and court costs, and this is after the costs of retrieving your car from the impound lot. There are also costs associated with alcohol assessment and counseling classes which could be ordered, as well as installation and maintenance of ignition interlock devices. Additionally, DUI offenders must purchase SR-22 insurance, which is generally higher than common insurance.The prospect of successfully defending DUI charges is possible when an experienced criminal defense attorney is involved. This is another cost that people don't think about, but a good lawyer can be expensive (even though we believe good legal representation is worth the cost).
With all these costs in mind, it is helpful to consider the cost of hiring a limousine or taking a taxi while celebrating St. Patrick's Day, especially considering that these options greatly reduces the chances of being arrested. Suffice it to say, investing in safety is money well spent.
Source: InsuranceQuotes.com, The DUI hangover from St. Patrick's Day - and how to avoid it
]]>Unfortunately, a 24-year old from Southbridge is about to learn a harsh and costly lesson after being arrested on suspicion of drunk driving and child endangerment. Police reportedly stopped him after being alerted by a caller who saw the man driving a van near a Wendy's restaurant in Sturbridge. During the stop, police claimed to have found an open container of malt liquor, and a four-year-old boy in the van.
]]> Police arrested the man. His blood alcohol content (BAC) was reported at .14. Fortunately, the child was picked up and taken home by his mother.Massachusetts' criminal code includes additional penalties for drunk driving with a child in the car. Through what is known as Melanie's Law, offending drivers face a minimum of 90 days in jail, a $1000 fine and a 1 year license suspension. The jail time can be increased to 2 ½ years in jail and a $5000 fine depending on the circumstances.
The penalties are increased because children (more often than not) do not have a choice about getting into a car with an impaired driver. Also, the law presumes that parents have the ability (and duty) to make responsible choices and will not intentionally expose their children to danger. Offenders
Nevertheless, like any other drunk driving case, the accused is entitled to legal representation. An experienced criminal defense attorney is essential in gathering facts that will help in the defense.
Source: Boston.com, Alleged drunken driver in Sturbridge had 4-year-old in van, February 22, 2013
]]>Unfortunately, not having the legal right to drive is not a deterrent to some people, and they get behind the wheel even though their license has been suspended. They also do not realize that driving on a suspended license is a separate crime that can lead to further administrative penalties (such as revocation of a license), as well as jail time.
]]> Such was the case of a man recently arrested in West Yarmouth. After being stopped on suspicion of drunk driving, police arrested him after discovering that his license had been revoked for repeated drunk driving violations. He was charged with a host of alcohol-related offenses, including second offense OUI, operating to endanger, and operating on a revoked license.Even with such a challenging situation, the help of an experienced criminal defense attorney can be helpful. A skilled lawyer may not be able to beat all the charges, but he or she can investigate the case to ensure all relevant facts (and defenses) can be considered so that potential jail time can be avoided. An attorney can also recommend programs and classes that will help the court understand that a larger problem (such as alcoholism or drug dependency) is at play, and that any sentences handed down should be tailored to helping the offender resolve these issues.
Source: MyFoxBoston.com, West Dennis man with revoked license arrested for DUI, February 2, 2013
]]>