Criminal Charges:
Man charged in the Taunton District Court for:
- Operating Under the Influence of Liquor (OUI) 4th Offense – M.G.L. c. 90, § 24(1)(a)(1)
- Negligent Operation of a Motor Vehicle – M.G.L. c. 90, § 24(2)(a)
- Marked Lanes Violation – M.G.L. c. 89, § 4A
Case Overview:
Police were dispatched to a single car motor vehicle crash. Upon arrival, they observed a man standing next to his heavily damaged vehicle. The vehicle’s front driver’s side tire was almost completely broken off, all air bags were deployed, and pieces of a wooden fence and a large piece of a guardrail were strewn about the crash scene. There were no signs of braking or skid marks leading up to the impact. When police spoke to the man, he had glossy bloodshot eyes, was very unsteady on his feet, had trouble keeping his balance, had an odor of an alcoholic beverage coming from his breath, and his front pants zipper was open. When police asked him where he was, the man responded that he did not know. The man then participated in a series of field sobriety tests and failed them all. Police placed him under arrest. While being transported to the police station for booking, the man gave off a strong odor of alcoholic beverage inside the cruiser. During the booking process, he was nodding off and almost falling asleep. Because the man had been previously charged with drunk driving offenses on three prior occasions, he was charged with OUI, 4th Offense, which carries a mandatory penalty of 2 years in jail. The man retained the Law Office of John L. Calcagni III, Inc. to represent him in his case.
Case Result: Amended to OUI, 2nd Offense resulting in 6 months at the House of Corrections.
This case was not suitable for trial given the strength of the evidence. Calcagni and his team drafted an extensive mitigation packet on the man’s behalf, presented it to the prosecution, and successfully secured the Commonwealth’s agreement to amend the OUI, 4th Offense to a 2nd Offense, which called for a 75% penalty reduction to six months in the House of Corrections sentence. The man admitted responsibility to the reduced charge and was sentenced accordingly.
