Drunk Driving Lawyer

Supreme Court to hear case on ‘two beer’ defence
Case to examine whether Criminal Code amendment to drunk-driving charges can be applied retroactively

Published Oct 28, 2010.
Read more: The Globe and Mail

TY STOCKMAN (c). BOARD OF APPEAL ON MOTOR VEHICLE LIABILITY POLICIES AND BONDS & another.

APPEALS COURT OF MASSACHUSETTS

September 30, 2004

Facts:

The plaintiff, Ty Stockman, was convicted in 1990 of operating a motor vehicle while intoxicated. Subsequently he was prosecuted for an accident that occurred in February, 1992, wherein one Shannon Parker was killed. In that prosecution, the jury returned verdicts of guilty of involuntary manslaughter and of motor vehicle homicide an offense that includes as an element a finding of driving while intoxicated. The trial judge dismissed the charge of motor vehicle homicide as duplicative for double jeopardy purposes, and sentenced Stockman on the manslaughter conviction. Noting that a consequence of the Jones procedure was to leave standing only a conviction (i.e., manslaughter) that on its face did not suggest the death was caused by Stockman’s drunk driving, the judge, cognizant that drunk driving convictions are the predicate for license revocations under G. L. c. 90, § 24(1)(c)(4).  Upon receiving the court abstract, the registrar of motor vehicles suspended Stockman’s license for ten years pursuant to § 24G(c). When the registrar later discovered Stockman’s prior conviction of driving while intoxicated in 1990, the registrar, acting in accordance with his understanding of G. L. c. 90, § 24(1)(c)(4), revoked for life Stockman’s license to operate. On appeal, the defendant board of appeal on motor vehicle liability policies and bonds (board) upheld the suspension, as did the judge who reviewed the board’s decision under G. L. c. 30A, § 14.  Plaintiff licensee sought review of a decision of the Hampshire Superior Court Department Massachusetts.

Issue:

Whether the registrar properly treated the involuntary manslaughter conviction as a conviction of motor vehicle homicide?

Conclusion:

The Court finds that where a conviction of motor vehicle homicide is dismissed for the reason that the jury also convicted the defendant of manslaughter for the same conduct, the registrar properly treats the manslaughter conviction as a conviction of motor vehicle homicide, and thus of driving while intoxicated, for purposes of applying the ten-year and lifetime revocation provisions of § 24(1)(c)(4) and § 24G(c). For another instance where revocation of a license is mandated upon a conviction under § 24, despite the fact that sentence was not imposed thereon. It would make little sense, as the judge who reviewed the board’s decision observed, for “an offender who is found guilty of negligent homicide under a theory of operating under the influence to benefit from the additional, albeit more serious . . . conviction of involuntary manslaughter.  Section 24(1)(c)(4) did not require two separate DWI accidents involving two deaths. Rather, the licensee was subject to lifetime revocation of his license based on the original DWI conviction and the subsequent DWI accident resulting in a death. Further, based on the facts of the case, the registrar properly treated the involuntary manslaughter conviction as a conviction of motor vehicle homicide.

 

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content

Originally published here.

---

The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts.  The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law.  The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia.  The Maryland offices are in Montgomery County & Baltimore.  The Massachusetts offices are in Boston & Cambridge.  The New York office is in New York City.  The North Carolina Office is in Charlotte, NC which is in Mecklenburg County.  The California office is in Orange County, CA.

The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.

---

Product Description

This book is the most comprehensive guide to discuss how to prevent a drunk driving arrest (other terms include DUI, DWI, OWI). Other books discuss what to do AFTER being arrested for DUI, but no other book thoroughly covers what to do to PREVENT a DUI arrest. The Preventing book is an essential addition to your library collection. However, it must be read from cover-to-cover to fully extract the breadth of knowledge, information and insight. Learn various investigative techniques used by law enforcement officers to manipulate motorists into a confession and how drivers are profiled for a DUI arrest. Also learn effective techniques on how to leave the scene to avoid a DUI arrest. Basically, learn everything you need to know to prevent a DUI arrest, and it is all inside this easy-to-understand empowerment manual.

The contents contain all the information you need to prevent a drunk driving arrest. The topics include the following: 1) The legal definition of driving under the influence; 2) Preparing for a night of drinking and driving; 3) Essential vehicle contents to conceal alcohol consumption; 4) Techniques to avoid signs of driving impairment; 5) Geographic implications on a DWI; 6) Equipment and moving violations that increase DUI arrests; 7) How distractions and behavioral actions cause drunk driving arrests; Anonymous tips reporting a possible drunk driver; 9) Vehicle breakdowns and accidents, and when to leave the scene; 10) Police tracking techniques; 11) Appropriate conduct when being stopped by the police; and 12) DUI laws in other countris.

This book is the official guide for any motorist interested in preventing a DUI arrest. Drunk driving is considered the most socially abhorrent criminal offense of our time. Police departments are spending money at an exorbitant rate to deter this offense (and raising revenue for the state). MADD Mothers are nationally organized to influence state and federal legislation to impose harsher penalties (fines, jail, and license suspensions). It is time to fight back. Knowledge is power. Read this book and you will have all the necessary tools at your disposal to avoid a drunk driving arrest.

DUI / DWI Defense: Preventing A Drunk Driving Arrest