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This site is dedicated to bringing you the best resources available regarding Lawyers in Cambridge. It can be a very stressful process trying to figure out who would represent you the best in your particular legal situation. From specialization, to background; trying to choose the best lawyer in Arlington without prior legal experience can be a headache. The lawyer that fits best for you should be evaluated on the following criteria: experience, reputation, education, personality, and of course cost.

Another Quack DUI Lawyer

I just received this e-mail:

I just have a quick ? My daughter was 19 years old at the time of the offense "OUI" failure to take the Breathalyzer test. 1st offense of any kind I may add,never even a parking ticket So After 11 months of back and fourth in court she took a plee and and the results were found with out a finding, Suspension of lic. for 210 days and of course probation for a year and was to in-roll in some alcohol classes .Then the registry of motor Vehc. sent her a letter stating that she has lost her lic. for 3 years,6 months and an additional 210 days. Over ruling the Judges decision. Can they do this is my question.

Please answer this for me Because it seems my attorney does not have the answer and its eating me up inside.

The answer is simple, the gentleman's daughter refused to submit to a chemical breath test and the Registry suspended her license for three (3) years as a result thereof, pursuant to G.L. c. 90 § 24(1)(f)(1). The chemical test refusal suspension is 180 days in length for adult first offenders, 3 years for second offenders and those under 21 years of age, 5 years for DUI 3rd offenders, and lifetime for OUI 4th offenders. Any half-decent Massachusetts DUI lawyer would know this off the top of his or her head. If you're facing a drunk driving charge in Massachusetts, beware of "quacks" who masquerade as competent DUI attorneys. In dealing with the Registry of Motor Vehicles in DUI license suspension appeal and hardship license cases, I have personally seen countless examples of glaring errors and horrific blunders made by self-proclaimed DUI specialists. This means you must do your homework and research prospective DUI lawyers prior to signing any attorney-client agreements.

Here's a post about another incompetent DUI lawyer, who cost his unsuspecting client a 2 year license suspension.
 



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DUI Checkpoint Death Ruled Homicide, Lawsuit to be Filed

What should have been a routine interaction between a motorist and police at a North Andover, Massachusetts DUI checkpoint resulted in the 45 year old man’s death. Today, the man’s family IS slated to file a wrongful death suit in U.S. District Court in Boston.

The day before Thanksgiving, Kenneth Howe was a passenger who was riding in a motor vehicle which was stopped by police at a DUI “roadblock.” The medical examiner ruled the death a homicide, which simply means that it was death at the hands of another. The ruling does not indicate whether the homicide was justifiable or not. The Essex County District Attorney’s Office is investigating the death and no criminal charges have been filed. The officers involved have not been placed on administrative leave or restricted duty.

What exactly happened at the DUI checkpoint is unclear. However, it appears that Howe had been smoking marijuana on the night of the incident and he fled from the vehicle which was stopped at the DWI checkpoint. New England Cable News (NECN) displayed some photographs of Howe’s arrest in a recent story. The lawyer for Howe’s family is claiming that police beat Howe and used excessive force. Attorney Lenny Kesten, who was recently named one of the most influential lawyers in Massachusetts, is representing the police officers. Attorney Kesten is an outstanding lawyer and a good friend. In a news interview with Channel 5 last night, he declined comment because he had not been served with the complaint, which names approximately 30 Massachusetts Police Officers and State Troopers as defendants. More information on this case will be posted as it becomes available.



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Mass. DUI Checkpoint Death: More Details

Posted on January 26, 2010 by Brian E. Simoneau Email This Print Comments (3) Trackbacks

In a civil rights complaint (PDF) filed regarding the death of Kenneth Howe, who died as a result of injuries sustained at a Massachusetts DUI sobriety checkpoint in North Andover, Howe’s estate claims that Howe was “physically removed out of the vehicle, forced to the ground, beaten, handcuffed and placed in leg irons, and dragged to the police cruiser. As a result of the physical beatings and/or the delayed calling for medical services, Kenneth died in North Andover Police and/or Massachusetts State Police custody on or about November 26, 2009. The Office of the Chief Medical Examiner has ruled that Kenneth’s death is a homicide, caused by a ‘blunt impact of head and torso with compression of chest.’”

The complaint (PDF) also admits that Howe, who was riding in his friend’s pick-up truck, was smoking a marijuana cigarette as it approached the DUI checkpoint. The complaint further states that Trooper Gerardi forcefully removed Kenneth from the truck and screamed, “He assaulted me!” It seems that the police smelled marijuana, were investigating further, and Howe became combative, resistant, and physically assaulted Trooper Gerardi. The complaint denies that Howe struck Trooper Gerardi. However, Howe’s attorney would not know if he did or not. Also, it is highly unlikely that Gerardi spontaneously exclaimed that she was assaulted without a reason. 

The complaint states that there was a pit bull riding in the vehicle and it goes on to describe the pit bull as a “docile family dog.” A newspaper photographer from the Eagle-Tribune newspaper took 43 photogrpahs of the incident, according to the complaint.

The case is still being investigated. 



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Mass. Appeals Court Upholds Lifetime DUI Revocation

Posted on January 30, 2010 by Brian E. Simoneau Email This Print Comments (2) Trackbacks

In the case of Kelly v. Board of Appeal on Motor Vehicle Liability Policies and Bonds & the Registry of Motor Vehicles,  2010 WL 290502, January 27, 2010, No. 09-P-305, the Massachusetts Appeals court upheld the lifetime DUI revocation of Kelly's Massachusetts Driver's License.

Kelly had 5 DUI convictions. However, at his trial for the 5th DUI offense, the court only found him "guilty to so much of the complaint as alleges a 1st

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This site is dedicated to bringing you the best resources available regarding Lawyers in Cambridge. It can be a very stressful process trying to figure out who would represent you the best in your particular legal situation. From specialization, to background; trying to choose the best lawyer in Arlington without prior legal experience can be a headache. The lawyer that fits best for you should be evaluated on the following criteria: experience, reputation, education, personality, and of course cost.

DWAI Convictions are the same as Mass. DUI Convictions

Posted on February 11, 2010 by Brian E. Simoneau Email This Print Comments Trackbacks

The Massachusetts License Suspension Law requires that whenever a Massachusetts resident or license holder is convicted of a crime in another jurisdiction, the Registry must treat the offense as if it had been committed here in Massachusetts, for license suspension purposes. 

One issue which often arises because of the above-cited law is whether or not lesser forms of operating under the influence of intoxicating liquor such as Driving While Alcohol Impaired (DWAI) is similar enough to the Massachusetts offense of OUI to be treated as such by the Mass. RMV and Board of Appeal. This situation comes up where Massachusetts residents and/or license holders are cited in New York and Colorado, both states which often allow DUI charges to be reduced to DWAI.

In the case of Brestien v. Board of Appeal, which was published today, the Massachusetts Appeals Court ruled that the Colorado offense of DWAI is sufficiently similar to the Massachusetts offense of DUI so that it should be treated as such for license suspension purposes. The Mass. Appeals Court reached this conclusion because both the Massachusetts and Colorado statues require proof that a driver’s ability to drive is impaired by alcohol.
 



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Bus Driver Claimed to be Driving Under the Influence

The Worcester Telegram recently reported of a school bus driver who had his license suspended as a result of an immediate threat complaint filed by the Worcester Police Department. Apparently, the bus driver was involved in a “road rage” incident with a motorist who was following the school bus. The motorist reported that the bus driver was “exhibiting odd behavior” and the police stopped the bus as a result thereof.

When the bus driver, who apparently has a clean driving record, told the police that he had been prescribed Oxycontin, the police officer filed, with the Mass. RMV, an immediate threat report wherein he wrote “OUI,” suggesting that the driver had been operating under the influence. Immediately after the incident, the bus driver took drug and alcohol tests which were negative.

The bus driver has filed an internal affairs complaint against the Worcester Police Officer who stopped him and filed the immediate threat complaint. When the RMV receives immediate threat notices, it immediately suspends the driver’s license and schedules a hearing at the RMV Driver Control Unit in Boston. The Worcester Police claimed that the officer “erred on the side of caution” when he filed the report with the Registry.

Certainly, a school bus driver who is driving a busload of students while under the influence of Oxycontin is a serious issue. Here, however, it seems that the driver was no doing so. Instead, he was the victim of an angry motorist who reported him to the police, who “erred on the side of caution” when they filed the report which resulted in the immediate suspension of the driver’s license. The Worcester Telegram article was the most commented on Today, and it had received 94 comments at the time of this post.
 



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This site is dedicated to bringing you the best resources available regarding Lawyers in Cambridge. It can be a very stressful process trying to figure out who would represent you the best in your particular legal situation. From specialization, to background; trying to choose the best lawyer in Arlington without prior legal experience can be a headache. The lawyer that fits best for you should be evaluated on the following criteria: experience, reputation, education, personality, and of course cost.

Don't Try to Bypass the Ignition Interlock Device

Posted on February 17, 2010 by Brian E. Simoneau Email This Print Comments Trackbacks

I’ve noticed that there are a large number of people who are searching the internet for ways to bypass the ignition interlock device. Attempting to do this in Massachusetts is extremely dangerous and it will likely result in a 10 year license suspension or even jail time. The Massachusetts Ignition Interlock Device Law states that those who interfere with or tamper with an interlock device, with the intent to bypass or disable the IID, shall be punished a minimum mandatory sentence of 6 months in jail, and they may be sentenced to up to 5 years in state prison. This means that ignition interlock disabling, bypassing, or tampering is a felony in Massachusetts. Also, the Registry’s interlock regulations provide for a 10 year mandatory license suspension trying to bypass the interlock device.

Given the frustration and inconvenience associated with the ignition interlock device, it may be tempting to try to bypass it. There are even videos on the internet that show how to do so. However, the interlock devices used in Massachusetts employ sophisticated anti-tampering mechanisms which will resist or record tampering or circumvention attempts. If the Mass. RMV discovers that user tired to bypass the ignition interlock device, the interlock user will definitely be called in for a registry hearing and he or she may be charged criminally. Please do not let this happen to you.



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