Many people in Massachusetts fail to recognize that driving under the influence of drugs or drugged driving is just as bad as driving under the influence of alcohol, and both are illegal. Drugged driving is rapidly becoming a more frequent occurrence that driving under the influence of alcohol. According to a recent article by Fox25 News, there has been a 42% uptick in drugged driving over the past five years, compared to a 26% uptick in drunk driving cases over the same time period, based on data collected by the Massachusetts Department of Transportation.

Medication and driving is dangerous.

OUI Drugs in Massachusetts

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When Massachusetts law enforcement officers suspect that you are driving under the influence, they are permitted to request you to submit to chemical testing under M.G.L. Chapter 90, Section 24. The chemical testing could include a breathalyzer test, urine test, or a blood test. Blood sample tests are one of the most accurate forms of testing that can be conducted to determine a person’s blood alcohol concentration at a given time.

Blood Sample

Blood Sample Tests

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Home Invasion

Home Invasion

According to a recent article by Boston.com, a 21-year-old ex-boyfriend smashed open his 17-year-old girlfriend’s bedroom window and climbed inside her Worcester apartment early one morning. The suspect was confronted by a witness, and fled from the apartment. He was later tracked down by law enforcement, was taken to the hospital, and was charged with assault and battery with a dangerous weapon and home invasion. Neither the name of the victim or the suspect was released, as this was considered a domestic violence incident. Continue reading

Involuntary Manslaughter

Involuntary Manslaughter

Returning to the saga of Michelle Carter (an early blog post about her alleged crimes can be found here), the teen who allegedly encouraged her boyfriend, Conrad Roy, who was eighteen at the time, to commit suicide, can stand trial for the death of her friend, according to the Massachusetts Supreme Judicial Court. Boston.com recently reported that Carter will have to stand trial for involuntary manslaughter. Continue reading

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Manslaughter

A Malden man is facing manslaughter charges after he allegedly pushed his friend into the Charles river and the friend died as a result, according to Boston.com. Lenny Quintero-Flores, age 27, and his friend Mitchell Harrison, age 26, were sitting on a dock drinking together along the Charles river when Quintero-Flores allegedly shoved Harrison into the water with his feet. Police investigations determined that Harrison was either asleep or unconscious when he was pushed into the water. Harrison suffered drowning injuries before being pulled from the water by police and firefighters. He was rushed to Brigham Womens Hospital but died the next morning. Continue reading

On May 23, 2016, Roslindale residents were shocked to awaken in the middle of the night to a fire at the nearby elementary school, according to the Boston Globe. The playground at the Charles Sumner Elementary School was intentionally set on fire. The fire spread from the playground to nearby trees and powerlines, but local firefighters were able to stop the blaze before it got out of control. Arson is suspected.

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Arson

A smaller fire had been set at the same playground a few weeks earlier, but that first fire had not been linked to any particular perpetrator. However, three suspects were apprehended for the fire that occurred on May, 23 – two teenagers and an adult. The fire caused more than ten thousand dollars worth of damage to the playground. The suspects have been charged with intentionally setting a fire, arson. Continue reading

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Conspiracy Charges

When defendants are faced with drug charges, these charges are often coupled with conspiracy charges. The two charges are separate, but are often brought together at the same time against a criminal defendant who stands accused of committing both crimes. Conspiracy charges are often tacked on to an underlying drug law violation, such as possession, intent to distribute or manufacturing illegal drugs or controlled substances. When conspiracy charges are tacked on to drug charges, the result can be increased penalties if the criminal defendant is convicted. Continue reading

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Drunk Drivers

When many people think about drunk driving accidents, they first think of a drunk drivers crashing into someone else on the road. When people think about vehicular manslaughter, they usually think about pedestrians or bicyclists that have been hit by a car, or a drunk driver hitting victims in another vehicle. But there are often victims in the vehicle along with the drunk driver who suffer injuries and are sometimes even killed as a result of an accident. This means that a drunk driver could be charged with vehicular manslaughter in addition to drunk driving charges if they accidentally kill a passenger in their own vehicle in an accident. Continue reading

kidnapping

Kidnapping Charges

Kidnapping is a serious crime in Massachusetts. It is considered a violent crime and is thus a felony charge. Criminal defendants who are facing kidnapping charges are at risk of jail time, loss of their freedom, and long-term impacts on their life if they are convicted. That is why it is so important to work closely with a skilled kidnapping criminal defense lawyer to develop your strongest possible defense strategy, and to try and reduce the charges as best as possible in light of your specific circumstances. It is important that you receive fair treatment under the law, and Attorney Kathleen McCarthy can help you.  Continue reading

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Breathalyzer Test

When a driver is pulled over or stopped by law enforcement and asked to submit to a breathalyzer test, the driver has a right to refuse a breathalyzer test. Many drivers do not refuse to submit to a breathalyzer test either because they do not know that they can refuse, they are scared of the consequences, or they are too intoxicated at the time to exercise good judgement. The problem with submitting to the test is that under Massachusetts law, if a driver suspected of driving under the influence blows a blood alcohol content higher than 0.08, the driver is considered per se intoxicated and can be convicted of DUI on the breathalyzer results alone. Law enforcement do not advise suspected drunk drivers of the consequences of failing a breathalyzer test. Continue reading

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