You know about sobriety checkpoints from my previous articles on OUI, DUI and DWI. There will be a sobriety checkpoint this Friday, October 29th somewhere in Hampden County, which usually means one of two locations. The state usually has about a ten person quota as long as you have been drinking, you will likely be arrested. You will be treated just like a criminal, arrested and brought to jail. The most popular location and where the roadblock will likely be set up is on West Columbus Avenue in Springfield heading south in the hospitality center parking lot located between State and Union Streets. The other location could be Memorial Avenue in West Springfield with set up in the main gate entrance to the Big E. You do not have to be drunk to be arrested. Having had an alcoholic beverage which can be detected is enough.
Routinely a police cruiser will be parked on the right hand side of the road just prior to the roadblock. Although there should be signs indicating that you are approaching a sobriety checkpoint, they are not often very well illuminated. Remember to use your judgment and remember to exercise your Constitutional right not to submit to any type of testing which would violate your Fifth Amendment privilege against self-incrimination. You will need a criminal attorney to defend and win your case. If charged call Ianello & Brittain right away, so that we can advise you of the criminal penalties upon conviction of an OUI, DUI or DWI charge. Insist upon speaking with an attorney before answering any questions or performing any tests.
We can be reached in an emergency by calling our office, Ianello & Brittain P.C. at (413)731-3131 and pressing 8 on your phone key pad.
October 29, 2010
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
Friday, October 29, 2010
Tuesday, October 12, 2010
New Texting Law in Massachusetts
Massachusetts just passed a “Safe Driving Law” with civil and criminal penalties effective September 30, 2010 covering the use of mobile phones and mobile electronic devices. Although the law was drafted to provide civil and criminal penalties for texting the law covers many other areas including a prohibition against the use of mobile devices by junior operators.
JUNIOR OPERATORS
Junior operators are barred from using a cell phone or operating any mobile device while driving a motor vehicle. The first violation calls for a $100 civil penalty or fine, a 60-day license suspension and the completion of a training course at the operator’s expense. For the second offense, a $250 fine will be assessed as well as a 180-day license suspension. The third or subsequent violation will trigger a $500 fine and a one year license suspension. Remember all license suspensions require payment of a re-instatement fee once the penalty period expires. There is no provision for a hardship license either for school or work.
PUBLIC TRANSPORT MOTOR VEHICLE OPERATORS
Adult operators of buses, vans and taxis among others are barred from using a mobile phone and each offense will produce a $500 fine. For those offenders over the age of 18, who improperly use a mobile phone (one hand must be on the steering wheel at all times) will be assessed for the first offense $35, the second offense in twelve months is a $75 and the third or subsequent offense in twelve months is a $150.
SENDING OR RECEIVING TEXT MESSAGES
Any operator who sends or receives text messages, emails or instant messaging while driving, will be assessed a $100 fine for the first offense, $250 fine for the second offense and a $500 fine third offense.
All of the above violations are considered civil and therefore will not incur any insurance surcharge which can form the basis of any additional suspension periods under the general guidelines of the Registrar of Motor Vehicles. The new law with reference to general motor vehicle suspensions for surchargeable events has been changed from the five surchargeable incidents in a three year period to three surchargeable incidents within a two year period. In other words, since some of the above violations call for their own suspensions, it will not also be considered or included in order to suspend a person’s license for any additional period of time in the event that he has also violated the regular guidelines as well. Criminal charges such as negligent operation will be sought against anyone using a device and who causes an accident or injury.
NEGLIGENT OPERATION AND INJURY FROM MOBILE PHONE USE
A. JUNIOR OPERATORS
A first offense is 180-day suspension and a second offense within three years is a one year suspension. Both require $500 reinstatement fees.
B. ADULT OPERATORS
For the first offense a 60-day suspension will apply and a second or subsequent offense within three years results in a one year suspension. A $500 reinstatement fee applies as well.
Since this offense is a criminal offense an insurance surcharge will apply as well. That means that in addition to the specific suspension period provided herein, if the surcharge triggers an additional suspension under the general guidelines of the Registrar, an additional suspension period will apply.
ELDER DRIVERS
There is also a provision for elder drivers who must now renew their drivers license in person if they are 75 years of age or older. They must now take and pass a vision test or provide an appropriate screening certificate from an appropriate healthcare provider to complete the renewal process.
Posted October 12, 2010
JUNIOR OPERATORS
Junior operators are barred from using a cell phone or operating any mobile device while driving a motor vehicle. The first violation calls for a $100 civil penalty or fine, a 60-day license suspension and the completion of a training course at the operator’s expense. For the second offense, a $250 fine will be assessed as well as a 180-day license suspension. The third or subsequent violation will trigger a $500 fine and a one year license suspension. Remember all license suspensions require payment of a re-instatement fee once the penalty period expires. There is no provision for a hardship license either for school or work.
PUBLIC TRANSPORT MOTOR VEHICLE OPERATORS
Adult operators of buses, vans and taxis among others are barred from using a mobile phone and each offense will produce a $500 fine. For those offenders over the age of 18, who improperly use a mobile phone (one hand must be on the steering wheel at all times) will be assessed for the first offense $35, the second offense in twelve months is a $75 and the third or subsequent offense in twelve months is a $150.
SENDING OR RECEIVING TEXT MESSAGES
Any operator who sends or receives text messages, emails or instant messaging while driving, will be assessed a $100 fine for the first offense, $250 fine for the second offense and a $500 fine third offense.
All of the above violations are considered civil and therefore will not incur any insurance surcharge which can form the basis of any additional suspension periods under the general guidelines of the Registrar of Motor Vehicles. The new law with reference to general motor vehicle suspensions for surchargeable events has been changed from the five surchargeable incidents in a three year period to three surchargeable incidents within a two year period. In other words, since some of the above violations call for their own suspensions, it will not also be considered or included in order to suspend a person’s license for any additional period of time in the event that he has also violated the regular guidelines as well. Criminal charges such as negligent operation will be sought against anyone using a device and who causes an accident or injury.
NEGLIGENT OPERATION AND INJURY FROM MOBILE PHONE USE
A. JUNIOR OPERATORS
A first offense is 180-day suspension and a second offense within three years is a one year suspension. Both require $500 reinstatement fees.
B. ADULT OPERATORS
For the first offense a 60-day suspension will apply and a second or subsequent offense within three years results in a one year suspension. A $500 reinstatement fee applies as well.
Since this offense is a criminal offense an insurance surcharge will apply as well. That means that in addition to the specific suspension period provided herein, if the surcharge triggers an additional suspension under the general guidelines of the Registrar, an additional suspension period will apply.
ELDER DRIVERS
There is also a provision for elder drivers who must now renew their drivers license in person if they are 75 years of age or older. They must now take and pass a vision test or provide an appropriate screening certificate from an appropriate healthcare provider to complete the renewal process.
Posted October 12, 2010
Subscribe to:
Posts (Atom)