The Massachusetts Supreme Judicial Court is reviewing the appeal of Adam Lamothe, a 28-year-old Worcester man convicted of driving while intoxicated (DWI) and striking two bicyclists on South Main Street in Concord, Massachusetts. One of the bicyclists sustained severe personal injuries and was hospitalized for two months with a fractured skull. Lamothe admitted he was intoxicated, but did not cause the accident. He advanced this argument in his September 2009 trial in Merrimack County Superior Court before Judge David Sullivan, hiring an accident reconstructionist who testified that the bicyclists had swerved into the street, rendering the crash unavoidable, even for an unimpaired driver. Judge Sullivan sentenced Lamothe to two to seven years in prison and $230,000.00 in restitution.
In his appeal, Lamothe contends that Concord police never established that he caused the crash, because no accident reconstruction was performed.
According to Court records, Lamothe's blood alcohol level was 0.17, more than twice the Massachusetts legal limit of 0.08. Since he struck two other parked cars on North Main Street in Concord before hitting the bicyclists and the third parked car, it is unlikely that the state Supreme Court find will Lamothe's argument credible.
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