Massachusetts DUI Law : Mass Lawyer & Attorney for Drunk Driving Arrests in Boston, Worcester, Framingham

After a man avoided a drunk driving conviction when he was alleged to have operated under the influence on the campus of Assumption College in Worcester, Massachusetts, State Representative Lew Evangelidis filed legislation today to close what he called a “loophole” in the Massachusetts DUI law.

The plain language of the Massachusetts OUI Law, G.L. c. 90 § 24, limits OUI prosecutions to intoxicated operation on “any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees.” This is not a “loophole.” It is the clear language of the statute. If the Legislature wanted OUI cases to be prosecutable no matter where the offense occurred, it would have said so. The inclusion of this limiting language was obviously purposeful.

In contrast to the crime of DUI, the crime of driving on a suspended license is prosecutable no matter where the operation occurs. This shows that the Legislature included the aforementioned limiting language in the statute for a reason. There is no “loophole” or “technicality.”

The new DUI bill would expand the coverage of the Massachusetts OUI law to Massachusetts college campuses, both public and private. Currently, a public or semi-public way is required for a successful Massachusetts OUI prosecution.

View the news story on this issue.

• Email This
• Print
• Comments
• Trackbacks

In most cases, a Massachusetts municipal police officer may only make arrests in the city or town which employs him or her.  This legal rule has been used to achieve dismissals of Massachusetts OUI charges where the motorist is stopped outside of the officer’s jurisdiction, usually just over the city or town line. See  Commonwealth v. LeBlanc, 407 Mass. 70, 73 (1990).

In response to these dismissals based on the officer’s lack of authority to stop vehicles and make arrests outside of his or her jurisdiction, the Massachusetts Senate is considering Bill 1742. This legislation would empower police officers to stop vehicles outside of the officer’s jurisdiction, where the vehicle recently traveled through the officer’s city or town and the officer had reason to believe that the driver committed a crime therein. If this legislation passes, it will undoubtedly be used to avoid dismissals of Massachusetts DUI cases where the officer’s territorial jurisdiction is challenged. Massachusetts DUI practitioners should be aware of this legislation, as it may eliminate a way to challenge some DUI arrests.

• Email This
• Print
• Comments (1)
• Trackbacks

If passed, Massachusetts House Bill 3336 which was filed on January 6, 2009, would create a new crime of felony reckless driving, which is also known as negligent operation, or driving to endanger. If such operation results in a collision with a person or otherwise causes serious injury, the driver would be punished by up to 5 years in state prison and a fine ranging from $1,000 to $10,000.

Additionally, a first offense conviction of this new crime would result in a 2 year license revocation and second conviction would trigger a 5 year license revocation.

Currently, the crime of operating to endanger is a misdemeanor. The proposed law would make it a felony. A public hearing on the bill was scheduled to be held last month at the Massachusetts Statehouse.

• Email This
• Print
• Comments
• Trackbacks

The family of Melanie J. Powell, the teenager who was killed by a drunk driver, has been lobbying intensely at the statehouse for the passage of Senate Bill 1925, which would strengthen Melanie’s Law by requiring the OUI First Offenders to use the Ignition Interlock Device.

The Ignition Interlock Device is a breath testing device which is installed in DUI offenders’ vehicles to prevent the vehicle from starting if alcohol is detected on the driver’s breath. Ignition interlock readings are reported back to the Registry of Motor Vehicles and interlock violations can result in 10 year or lifetime license revocations.

Under the current version of Melanie’s Law, ignition interlock devices are required for second or subsequent drunk driving offenders. The new law would expand the requirement to those convicted of a first offense OUI so that first offenders would be required to use the ignition interlock device for the entire term of any DUI hardship license and for six months after getting a full license.

A hearing was recently held at the Statehouse regarding the proposed legislation. Senator Sen. Robert Hedlund, a Weymouth Republican introduced the Bill and Senator Steven A. Baddour, D-Methuen co-sponsored the bill. It is predicted that the Joint Committee on the Judiciary will recommend that the bill ought to pass and send it to the full Senate for a vote. It will then go to the Massachusetts House of Representatives for consideration.

If the bill passes, Massachusetts will join 11 other states which require all DUI offenders to use the ignition interlock device.

• Email This
• Print
• Comments
• Trackbacks