December 2011 Archives

December 30, 2011

Drunk Driving Death Puts Boston Man In Jail for Five Years

handcuffs_200.jpgA Boston, Massachusetts man has been sentenced to five years in jail following a 2010 car accident, in which he struck and killed a pedestrian after drinking and driving.

Prosecutors say that the 25-year-old man was leaving a concert at the TD Garden in Boston, when he hit the young man, who had recently graduated from Northeastern University. The driver, who was also speeding, fled from the scene of the drunk driving accident. Three months later, he was apprehended with the help of video surveillance. In addition to the five-year sentence, the man also had his license revoked for 15 years. The man pleaded guilty to motor vehicle homicide while under the influence of alcohol, operating under the influence (OUI), and leaving the scene of an accident.

In Massachusetts, like other states, operating under the influence (OUI) is a serious crime. A driver is considered to be under the influence of alcohol if he has at least a .08 blood alcohol content (BAC). In the event a driver injures or kills another person while operating a vehicle while under the influence of alcohol, more severe criminal charges will be brought. A driver charged with operating under the influence (OUI) can face harsh consequences, including jail time and/or hefty fines.

In addition to criminal charges for OUI, as seen in the case above, a driver may have his license suspended or revoked. Whether or not a license is suspended or revoked following an OUI arrest often hinges on specific circumstances. In Massachusetts, if a driver arrested for OUI refuses a breathalyzer, his drivers' license will automatically be suspended for at least 180 days. If the offending driver has three or more OUI convictions, his license may be revoked for life. If the driver does submit to a breath test and ultimately has a BAC of .08 or higher, the driver's license will be suspended for at least 30 days.

Police officers are always looking out for drunk drivers, especially around the holidays. If you have been charged with OUI, contact the experienced Quincy and Cambridge criminal lawyers at Bellotti Law Group. Our criminal attorneys can inform you about your rights and help you avoid an OUI conviction and/or minimize its unpleasant consequences.

An OUI charge can be overwhelming, emotionally and financially. At Bellotti Law Group, clients can ease their concerns and turn over their fears our experienced Greater Boston drunk driving lawyers. We address the legal and financial details while you and your family focus on moving on with your lives. We pride ourselves in partnering closely with clients and working to understand their individual concerns to help obtain the best solution.

Bellotti Law Group serves Greater Boston, Cambridge, Quincy, Braintree, Brookline, Newton, the South Shore, and all of Massachusetts. Our offices are located in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.

December 23, 2011

Massachusetts Drunk Driving Accidents Highlights Need for Safe Holiday Travel

beer.jpgEarlier this week, a pedestrian accident claimed the life of a Haverhill, Massachusetts woman, when a 37-year-old drunk driver ran her car into the victim. The woman was killed outside of Heavenly Donuts in Haverhill, when the car struck her from behind. The drunk driver was arrested at the scene of the car accident and charged with operating under the influence (OUI) and motor vehicle homicide.

In recent weeks, Massachusetts has seen several fatal drunk driving accidents.

Earlier this month, a 22-year-old Haverhill woman and Framingham State University student was charged with operating under the influence and motor vehicle homicide after killing a fellow Framingham State student on Badger Road. Three passengers in her car sustained serious personal injuries. The college student was arraigned this week in Framingham District Court and faces charges of vehicular homicide and operating under the influence (OUI) causing serious bodily harm.

In Massachusetts, operating under the influence (OUI) is a rigorously enforced crime. A driver is considered to be under the influence of alcohol if he has at least a .08 blood alcohol content (BAC). If a driver refuses a breathalyzer after an OUI arrest, his drivers' license will automatically be suspended for at least 180 days. If he has three or more prior OUI convictions, his license may be revoked for life. On the other hand, if the driver submits to the breath test and has a BAC of .08 or higher, his license will be suspended for at least 30 days.

OUI charges and pedestrian accidents should be faced with the assistance of savvy and experienced Boston personal injury lawyers and Boston criminal defense lawyers. At Bellotti Law Group, our personal injury and criminal defense attorneys have represented both victims and those involved with criminal cases and investigations.

At Bellotti Law Group, our Boston personal injury lawyers and Boston criminal defense lawyers have the knowledge, experience, and legal acumen to represent your interests both as an injured plaintiff and a criminal defendant.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. We have offices in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476. You can also contact us through our online form and we will promptly respond.

December 16, 2011

Waltham Pedestrian Accident Results in Death, Homicide Charge

car.jpgEarlier this month, a 29-year-old Waltham, Massachusetts woman was arrested and charged with homicide, following a hit-and-run pedestrian accident that killed a 39-year-old Massachusetts man. The woman was arraigned at Middlesex Superior Court in Woburn. The woman also faces other criminal charges of reckless vehicular homicide, driving without a Massachusetts driver's license, driving to endanger, leaving the scene with property damage, leaving the scene with personal injury, using a motor vehicle without authority, speeding, failure to stop at a stop sign, and failure to stop for a pedestrian at a crosswalk.

The pedestrian victim, a 39-year-old Waltham man, died after being treated at Mass General Hospital. He was crossing at the intersection of Church and School streets in Waltham when he was struck by the speeding vehicle. The victim suffered catastrophic injuries to his head, leg, and internal organs, which resulted in his death. Waltham police later found the vehicle involved in the pedestrian accident parked at the driver's home.

Most pedestrian accidents are the result of a driver's negligence. Pursuant to Massachusetts law, pedestrians are granted the "right of way" when walking along roadways, especially inside crosswalks. Drivers must be cognizant of pedestrians, slow down, and pass only when safe to do so. All drivers have a duty to drive carefully and attentively, especially in areas of high foot traffic. If a motorist breaches this duty and causes an accident, he can be held negligent and liable for damages caused by the accident.

In some cases, a driver may face criminal charges if his/her actions go beyond mere negligence. Driving at excessive rates of speed, driving recklessly, leaving the scene of an accident, and driving without a valid license are all examples of activity that may escalate a situation to the criminal level.

These situations are best addressed with the assistance of an experienced Boston personal injury lawyer and Boston criminal defense lawyer. At Bellotti Law Group of Cambridge and Quincy, our personal injury and criminal defense attorneys have represented both victims and those involved with criminal cases and investigations.

At Bellotti Law Group, our Boston personal injury lawyers and Boston criminal defense lawyers have the knowledge and experience to represent your interests both as an injured plaintiff and a criminal defendant. We will appear with you in court and should the case fail to resolve prior to trial, our attorneys are prepared to represent you in front of a jury and put you in the best position for a good outcome.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Contact us today at 617-225-2100 or toll-free at 800-334-3476.You can also contact us through our online form and we will promptly respond.

December 9, 2011

Criminal Charges Likely for Massachusetts College Students After Fight

collegebooks.jpgLast week, nine Massachusetts college students were expelled after an apparent assault and battery that was captured on video and posted on the Internet. At least one of the students involved, who attended Dean College in Franklin, Massachusetts, will likely face criminal charges. Dean College is located about 40 miles southwest of Boston. According to Franklin Deputy Police Chief Stephen Semerjian, charges will likely include assault and battery with a dangerous weapon and unarmed robbery.

The attack began when a group of college students confronted another student over a pair of sneakers. The confrontation escalated and one of the students repeatedly punched the victim, while others watched and recorded the attack. Dean College immediately expelled the student shown punching the victim and later expelled eight other students who were present. Franklin police are still investigating the incident. Deputy Police Chief Semerjian told the Boston Globe that "there absolutely will be [criminal] charges once we finish everything up."

Massachusetts is home to many colleges and universities. While college is a time for personal, social and professional growth, many college students will be exposed to situations where legal trouble can easily arise.

As a result, some college students may face criminal charges for the first time in their lives or find themselves involved in a police investigation. This is distressing because these situations may come with the threat of conviction and incarceration.

Students may also face the possibility of suspension or expulsion from their university. Often times, this hinges on the outcome of the criminal case.

There can be financial consequences as well. Some educational institutions will insist on payment of tuition for an entire semester or school year, despite suspending or dismissing the student as a disciplinary measure. In other cases, schools have stripped implicated students of received scholarship money because of an outside legal matter.

These situations are best addressed with the assistance of an experienced Boston criminal defense lawyer. At Bellotti Law Group of Cambridge and Quincy, our criminal defense attorneys have represented students of many area schools, colleges, and universities around Boston, Cambridge and Quincy, when those students have been involved with criminal cases and investigations. We are experienced in working with officials at many colleges, including Boston University, Boston College, Northeastern, Tufts, MIT, Harvard and others.

At Bellotti Law Group, our Boston criminal defense lawyers have the knowledge and experience to represent your interests both with school proceedings and the criminal case. We will appear with you in court and at school disciplinary and administrative proceedings. Should the case fail to resolve prior to trial, our attorneys are prepared to represent you in front of a jury and put you in the best position for a good outcome.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Contact us today at 617-225-2100 or toll-free at 800-334-3476.You can also contact us through our online form and we will promptly respond.

December 2, 2011

Massachusetts Pedestrian Accident on Rte. 128 Kills Billerica Man

pedestrianB_web.jpgEarlier this week, an 18-year-old Billerica, Massachusetts man died after being struck by a vehicle on Route 128 South in Lynnfield, near the Route 1 tunnel, north of Boston. A 17-year-old Massachusetts woman, also from Billerica, sustained severe personal injuries following the pedestrian accident. Massachusetts State Police and Lynnfield Police and Fire responded to the scene. The teens were rushed to Massachusetts General Hospital following the accident.

According to the state police, the young man died at the scene and the young woman was left suffering from life-threatening personal injuries. Traffic was halted on Rte. 128 South and nearby on-ramps were closed as a result of the motor vehicle accident. The Massachusetts State Police report noted that the two teens were occupants of a car that had stopped in the median of Rte. 128 South, when they "exited the vehicle and were standing in the travel lane when they were both struck by a second vehicle." The pedestrian accident remains under investigation. Troopers with the State Police Detective Unit and the Collision Analysis and Reconstruction Section, plus the Crime Services Section, are among those investigating.

Pedestrian accidents are a growing concern in Massachusetts. According to the Massachusetts Office of Public Safety and Security, nearly 1/4 of all motor-vehicle related fatalities in Massachusetts involve pedestrians. Non-fatal pedestrian injuries are even more common. The National Highway Traffic and Safety Administration notes that a pedestrian injury occurs once every 8 minutes.

Most pedestrian accidents are the result of a driver's negligence. Pursuant to Massachusetts law, pedestrians are granted the "right of way" when walking along roadways, especially inside crosswalks. Drivers must be cognizant of pedestrians, slow down, and pass only when safe to do so. Pedestrians must also exhibit reasonable caution when crossing roads. All drivers have a duty to drive carefully and attentively, especially in areas of high foot traffic. If a motorist breaches this duty and causes an accident, he can be held negligent and liable for damages caused by the accident. Additionally, all pedestrians are urged to walk in designated safe areas and to cross busy roads only in crosswalks, after carefully ensuring it is safe to cross, to minimize the risk of a pedestrian accident.

"The holidays are an especially dangerous time for pedestrian accidents, as traffic increases, the days get darker and the weather changes," said Boston personal injury lawyer Peter Bellotti. "More drivers are on the road for holiday shopping and gatherings and are not as focused on obeying traffic laws as they should be."

If you have been injured, contact the experienced Quincy and Cambridge pedestrian accident lawyers at Bellotti Law Group. Our Massachusetts pedestrian accident lawyers can inform you about your rights to seek compensation, including medical expenses, lost wages and pain and suffering.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Our offices are located in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.You can also contact us through our online form and we will promptly respond.

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