Boston Criminal Defense Lawyer Blog

A car accident on Lafayette Street in Salem Massachusetts resulted in one of the two drivers being charge with operating under the influence of alcohol. According to The Salem News, thirty-eight year old Cheryl Wall will be summonsed to court to face charges of driving under the influence of alcohol causing serious bodily injury, driving to endanger, driving with a suspended license and driving to endanger. According to reports, the car that Wall was driving crossed lanes and crashed into a car coming in the other direction. The driver of that car was trapped inside and eventually extricated with the help of the Salem police department. He was taken to the Massachusetts General Hospital and was recently listed in good condition.

In order for the Commonwealth to prove operating under the influence it must prove beyond a reasonable doubt that a defendant was operating a motor vehicle while under the influence of alcohol on a public way. In Massachusetss, operation is not simply driving a car in the traditional sense. A person “operates a motor vehicle” within meaning of the law when he or she intentionally does any act or makes use of "any mechanical or electrical agency which alone or in sequence will set in motion the motive power of that vehicle." The Massachusetts Appeals Court has affirmed convictions in cases in which defendants were found in parked cars with the keys in the ignition and the engine running. The government is allowed to rely on circumstantial evidence to prove its case. Also, the prosecutor is required to prove that the driver was "under the influence" not that he or she was drunk. In order to prove public way the Commonwealth must prove that the operation took place on a way “to which the members of the public have access as invitees or licensees.” Shopping mall parking lots have been held to constitute a public way for purposes of the operating a motor vehicle while under the influence of alcohol statute.

If you have been charged with operating under the influence of alcohol or drugs you must have an experienced Boston attorney on your side to ensure that all of your rights are protected. Although a conviction for a first offense is a misdemeanor, it has serious consequences including license loss and a potential of two and one half years in jail. Also, if you are charged with a subsequent offense for operating under the influence, the potential penalties increase with each additional charge.