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Michael Erlich
Criminal, Defense, OUI, Drunk Driving, Drugs, Attorney
Criminal, Defense, OUI, Drunk Driving, Drugs, Attorney


My client has a conviction for Poss B in 1986 and the chief of his home town has denied him his LTC renewal per statute.  Anyone have any idea other than Motion for New trial and amend the dispo?  Thanks

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The National Transportation Safety Board recommended Tuesday that stated lower their threshold for drunken driving with the goal of reducing alcohol-related fatal crashes, which have held steady for much of the past 15 years.   The board voted 5-0 to encourage states to change the minimum blood-alcohol concentration from 0.08 percent to 0.05 percent or less.
If that passes, which I highly doubt, and it mirrors the current law, not only with a reading of a .05 get you arrested, but so will a .04 and a  .03.
Currently if you take the Breathalyzer and blew either a .06 or a .07, you are still subject to arrest and most likely will be arrested.  Imagine the same logic holds true if new law was enacted.  To get a reading of a .03, some people need only have 1 drink in their system.   This would eliminate having a glass of wine with dinner, saying a toast with champagne at a wedding or having a beer at your favorite sporting event.  The law might as well state consumption of any amount of alcohol prior to driving is illegal.
Enhance the penalties for those who drive with a reading substantially over the legal limit, for instance a .15.  Although I have not seen any  data, I would bet that the majority of serious accidents and fatalities were caused by someone who was over that reading.
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After reviewing the video evidence of the Rutger’s hoop coach he got off easy with his firing.  No only did that he berate players at practice but threw basketballs at them, kicked them and taunted them with vulgar language, including homophobic slurs.  It’s astonishing that I have yet to read an article about the potential of serious criminal charges.  If that tirade occurred n Massachusetts I counted at least 14 different charges,  some of which would have been felonies.
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Drake Britton, a pitching prospect for the Boston Red Sox, was arrested on alleged DUI, reckless driving and property damage charges in Fort Meyers, Fla. It is reported that Britton was going 111 mph in a 45 mph zone. He was weaving in and out of traffic before finally crashing his vehicle into a fence. The drunk driving charges are thought to have been the reason the Red Sox sent Britton back to the AA team in Portland, Ore. the next day. Britton opted out of going to Texas A&M University and took a $700,000 signing bonus from the Red Sox in 2007. He suffered many injuries early in his baseball career, including a major surgery before the 2009 season. In 2011, he was fifth on the team's list of prospects. Since that time, he's fallen off the top-10 list of prospects for the team. 

Individuals with a first time DUI in Florida can face fines up to $500 and 50 hours of community service. Prison terms are up to a year and can be followed by up to a year of probation. License suspension is 180 days at minimum and a 12-hour DUI class is required. Prison time, fines and license suspension increase with subsequent convictions. If your planning on headed to Florida for some early spring sunshine, be wary, Florida laws are more strict than ours in Massachusetts. Source: Bleacher Report, "Boston Red Sox Pitching Prospect Drake Britton Arrested for DUI," Andrew Martin, March 5, 2013
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Arizona lets jurors question the defendant and based on these questions, it does not look too good for the defense.
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A 41-year-old-Worcester man who was facing at least 15 years in federal prison on crack cocaine charges begged the judge for leniency in sentencing at his hearing on Feb. 25. The judge responded by giving the man a 108-month sentence for each of the drug charges and the sentences are to be served concurrently. The sentence is approximately 7 years less than the lowest sentence in the guidelines. Once he completes his sentence, he will have 5 years of supervised release.

The prosecuting attorney did cite the defendant's long drug history and a charge of possessing a firearm. However, he and the defense attorney had agreed to a lower sentence. The defense attorney filed paperwork with the court detailing the defendant's struggle with addiction to heroin and a childhood with an alcoholic father. He asked for a five-year sentence for his client on the pending charges.

The case against the defendant began in late 2010, when a cooperating
 witness purchased crack cocaine from the defendant in four separate transactions. Ultimately, the defendant entered a guilty plea to conspiracy to distribute 50 grams or more of crack cocaine and three other counts of crack cocaine distribution. 

Federal drug charges can be very serious and lead to long prison terms, fines and years on probation. In some cases, it may be possible to plead to a lesser sentence. This is an area where a criminal defense lawyer might be able to work with the prosecutor to achieve the goal of less time spent in prison. In other cases, the lawyer may be able to negotiate for the defendant's entry into a drug treatment program as a more effective alternative to a prison sentence.

Source: Worcester Telegram & Gazette," Worcester crack dealer asks judge for help, gets 9 years," Scott J. Croteau, Feb. 25, 2013
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A 30-year-old Somerville man and a 40-year old Dorchester man face drug charges after a traffic stop in Wellesley. Officers found approximately $50,000 worth of methamphetamine and some alleged stolen credit cards in the vehicle. 

The pair was charged with drug trafficking and distribution in a school zone and receiving stolen property and credit cards, along with a conspiracy charge. The 30-year-old man was also charged with driving on a suspended license and failed to use a signal.
Drug crimes are often a serious matter. They may involve prison time and large fines. An attorney well-versed in defending those accused of violating drug laws may be able to help by making sure all the rules of evidence were followed in a traffic stop that results in drug charges. It is possible for an attorney to work toward a plea bargain to a lesser charge that might lower fines or help the accused avoid a long prison term. 

The charges are even more serious if they involve trafficking drugs in a school zone. In most states, it doesn't matter if the accused was aware it was a school zone, and in general, the incident only has to occur within 1,000 feet of a school zone for charges to be filed. An attorney may be able to assist by making sure charges involving trafficking drugs in a school zone were correctly charged. If they weren't, the attorney can file motions to have the charges dismissed. This may result in the accused avoiding these charges altogether.

Source: Boston Globe,"Two face drug charges after traffic stop in Wellesly, Melissa M. Werthmann, Dec. 14, 2012
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