Boston Injury Attorney Blog

Earlier this week, the Massachusetts Supreme Judicial Court ruled that teenagers in Massachusetts who host underage drinking parties, but don't supply alcohol, cannot be held liable in a subsequent civil lawsuit for injuries sustained by a person at the gathering.

According to Justice Fernande Duffly, "We [were] asked to enlarge the scope of social host liability under our common law by extending a duty of care to an underage host who does not supply alcohol to underage guests, but provides a location where they are permitted to consume it...We decline[d] to do so, and reaffirm[ed] that liability attaches only where a social host either serves alcohol or exercises effective control over the supply of alcohol."

This ruling stems from a suit filed by the estate of Rachel Juliano, a Massachusetts teenager who was tragically left with permanent brain injuries after a car accident. It was later determined that the driver of the vehicle, her boyfriend, was operating under the influence (OUI), after leaving a party at the home of another Massachusetts teenager, where he consumed alcohol.

The Juliano family sought to hold the then 19-year-old party host liable for the brain injuries sustained by her daughter. The family relied on the Massachusetts social host law, which criminalizes a host providing alcohol to underage drinkers. In this case, though, the host of the party did not provide the alcohol to the injured party's boyfriend, who himself bought the alcohol and brought it to the party. As such, since the host of the party did not supply the alcohol to underage drinkers, she was not held liable for the traumatic brain injuries under the social host law.

The SJC rationalized that expanding the current social host law would create confusing laws for judges and juries to apply. Further, there is no consensus amongst states on the national stage regarding this issue. Justice Duffy wrote that "The plaintiffs make a compelling argument that underage drinking and driving is a persistent and widespread societal problem. The Legislature's decision to deter and punish those who facilitate such conduct by the imposition of jail sentences and financial penalties, along with the stigma of a permanent criminal record, lends support to that argument...However, the public policy concerns raised in past social host cases remain relevant to our determination of the appropriate scope of common-law tort liability. We have not been given sufficient reason to significantly amend our tort law in the face of sound reasons for maintaining its current status.''

According to Boston criminal defense attorney Peter Bellotti, the ruling has far-reaching effects on the potential liability Massachusetts parents and other social hosts may face following alcohol-related injuries sustained and caused by underage partygoers. Attorney Bellotti stated that "essentially, the SJC is absolving Massachusetts residents of liability who host underage drinking events where they themselves do not supply the alcohol. Every parent of teenagers in Massachusetts, along with the general population, should be aware of this ruling." Boston personal injury attorney Karen Piso Nadeau added that "According to this ruling, if underage guests drive drunk and cause injuries and/or deaths, the supplier of the alcohol remains liable, potentially absolving social hosts of liability. This will have a large impact on parents and caretakers of underage residents in Massachusetts." It remains to be seen whether an increase in OUI related injuries and accidents will result as a product of future "bring your own booze" parties.

In Massachusetts, 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). The penalties for OUI increase if the impaired driver subsequently causes injuries and/or death to another person.

OUI charges require skilled and experienced Boston criminal defense lawyers. At Bellotti Law Group, our criminal defense attorneys have successfully handled numerous OUI and drunk driving cases.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Our offices are located in Boston, 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.

A 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.

Earlier 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.

Earlier 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.

Last 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.

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.

Continue reading "Worcester Man Appeals DWI Conviction to Supreme Judicial Court After Hitting Two Bicyclists " »

In Massachusetts, causing personal injuries while driving under the influence of drugs and/or alcohol is criminal. None-the less, it is common to hear of arrests for drunk driving with multiple offenses on an individual's record. Recently, a Brockton man was charged with a third drunken driving offense after he drove the wrong way on Route 24 in Raynham and crashed his car into another vehicle. Charges included operating under the influence of alcohol and negligent operation of a motor vehicle. The man was arrested at the scene and booked prior to arraignment.

If you are arrested for operating under the Influence of alcohol, you will be asked to consent to a Breathalyzer test to determine your blood alcohol concentration. If you are 21 years or older and register a .08 or greater, or if you are under 21 and register a .02 or greater, your license or right to operate will be suspended for 30 days. Also, if you are between 18 and 21, you will be required to participate in a youth alcohol program and serve an additional 180-day suspension. There are enhanced penalties if you are under 18 and you are arrested for operating under the influence. You will be required to serve an additional one-year suspension and attend the youth alcohol program.

On October 28, 2005, Melanie's Law was implemented which increased the penalties for Chemical Test refusals. The law mandates any penalties for driving under be served after the test refusal and/or youth alcohol program suspension has been served. Suspensions for breath test failure sand refusals start immediately on the offense date.

Continue reading "MASSACHUSETTS CRIMINAL DRIVING UNDER LAW (DUI) " »