Category Archives: Proposed Mass. DUI Laws

Proposed legislation would increase penalties for reckless driving in Massachusetts

Posted by Attorney Brian E. Simoneau on March 2, 2011 514 comments

If passed, Massachusetts House Bill 3336 which was filed on January 6, 2009, would create a new crime of felony reckless driving, which is also known as negligent operation, or driving to endanger. If such operation results in a collision with a person or otherwise causes serious injury, the driver would be punished by up to 5 years in state prison and a fine ranging from $1,000 to $10,000.
Additionally, a first offense conviction of this new crime would result in a 2 year license revocation and second conviction would trigger a 5 year license revocation.

Currently, the crime of operating to endanger is a misdemeanor. The proposed law would make it a felony. A public hearing on the bill was scheduled to be held last month at the Massachusetts Statehouse.

Law may Expand Police Jurisdiction in Mass. DUI Cases

Posted by Attorney Brian E. Simoneau on March 2, 2011 618 comments

In most cases, a Massachusetts municipal police officer may only make arrests in the city or town which employs him or her.  This legal rule has been used to achieve dismissals of Massachusetts OUI charges where the motorist is stopped outside of the officer’s jurisdiction, usually just over the city or town line. See  Commonwealth v. LeBlanc, 407 Mass. 70, 73 (1990).

In response to these dismissals based on the officer’s lack of authority to stop vehicles and make arrests outside of his or her jurisdiction, the Massachusetts Senate is considering Bill 1742. This legislation would empower police officers to stop vehicles outside of the officer’s jurisdiction, where the vehicle recently traveled through the officer’s city or town and the officer had reason to believe that the driver committed a crime therein. If this legislation passes, it will undoubtedly be used to avoid dismissals of Massachusetts DUI cases where the officer’s territorial jurisdiction is challenged. Massachusetts DUI practitioners should be aware of this legislation, as it may eliminate a way to challenge some DUI arrests.

 

Bill Would Close “Loophole” in Massachusetts DUI Law

Posted by Attorney Brian E. Simoneau on March 2, 2011 486 comments

After a man avoided a drunk driving conviction when he was alleged to have operated under the influence on the campus of Assumption College in Worcester, Massachusetts, State Representative Lew Evangelidis filed legislation today to close what he called a “loophole” in the Massachusetts DUI law.

The plain language of the Massachusetts OUI Law, G.L. c. 90 § 24, limits OUI prosecutions to intoxicated operation on “any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees.” This is not a “loophole.” It is the clear language of the statute. If the Legislature wanted OUI cases to be prosecutable no matter where the offense occurred, it would have said so. The inclusion of this limiting language was obviously purposeful.

In contrast to the crime of DUI, the crime of driving on a suspended license is prosecutable no matter where the operation occurs. This shows that the Legislature included the aforementioned limiting language in the statute for a reason. There is no “loophole” or “technicality.”

The new DUI bill would expand the coverage of the Massachusetts OUI law to Massachusetts college campuses, both public and private. Currently, a public or semi-public way is required for a successful Massachusetts OUI prosecution.