Posts Tagged ‘DUI Conviction’

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Winthrop Man with 8 DUI Arrests Lost Driving License for Life

Posted on Oct 12, 2011

A citizen from Winthrop with multiple previous convictions for DUI is now in custody without the possibility of bail, after an indictment this week on yet another DUI incident. The Suffolk County District Attorney Daniel F. Conley informed the press that Joseph F. Limone, 60, after giving a fake name and failing various forms of drunken driving test in July was apprehended just off Revere Beach Parkway.

Limone Charged With Various Additional Charges

In the Chelsea District Court Mr. Limone was detained with no bond until a hearing at a later date. He was charged with:

OUI (operating under the influence) as a fifth or subsequent offense
Driving with a revoked license
Giving a fake name as an arrestee
Malicious destruction of property
Making a harsh or objectionable noise in the operation of a motor vehicle, and additional civil offenses

Details of Mr. Limone’s Drunken Driving Incident

All this allegedly took place a little after 5 in the afternoon on a Tuesday near Revere. Limone was apparently honking his horn excessively as he operated his 1988 Lincoln Town car. He was also allegedly observed swerving, tailgating and screaming.

Drunk Driving Test Failed

A state law enforcement officer who stopped him gave him several roadside drunk driving tests which he had difficulty passing. The trooper asked Limone to:

Recite the alphabet
Stand on one leg,
Walk a straight line, and
Follow the movement of a pen without moving his head

After not being able to accomplish any of these satisfactorily, he was arrested on the spot.

Drunk Driving Not Enough

When the officer got Limone to the station, he kicked out the right rear window of the unit he was transferred in. Officials reported that even with the window missing the unit still reeked of alcohol.

Previous Drunk Driving Convictions

Mr. Limone’s arrest records date back to the early 70s. His record contains numerous OUIs in various Massachusetts counties from Essex to Suffolk. His record includes convictions in 1983, 1984, 1987, 1996, 2001 and 2007.

That latter offense is currently on appeal before the Supreme Judicial Court.

State of Massachusetts Drunk Driving Laws

In the State of Massachusetts it is illegal to drive with a blood alcohol level of .08% or more. In the state DUI is called an OUI (Operating Under the Influence). After your fifth drunk driving conviction in the State you will be fined between $2,000 and $50,000. You will also spend 2 to 5 years in prison and have your driver’s license suspended for life.

Breathalyzer Accuracy and DWI/DUI Conviction Rates

Posted on Jan 03, 2011

Breathalyzers have proven to be an effective device used to determine if a suspect is driving while intoxicated (DWI). However, the accuracy of the breath test is now in question and causing controversy nationwide. A recent study of the breathalyzer showed that breath test can vary by at least 15 percent from the actual blood alcohol concentration results and approximately 2 out of every 8 individuals will have a blood alcohol concentration reading that shows a higher result than what it really is.

What Is A Breathalyzer?

Breathalyzer is a portable machine used by law enforcement officers to check if someone has had too much to drink while operating a motor vehicle. It measures the level of blood alcohol content (BAC) in a person’s breath to determine if the individual has a blood alcohol level above the legal limit and is too drunk to operate a motor vehicle. The breath test result is then used in drunk driving cases.

Inaccurate DUI/DWI Convictions

This is not good news because what this means is that individuals who have been convicted for DUI/DWI charges may have had an inaccurate reading of the actual amount of blood alcohol content in their system, especially individuals who have received convictions of DWI solely on the basis of breathalyzer tests. The good news is that the innocent can challenge the results of the breathalyzer test and possibly prevent a DUI/DWI conviction.

Breathalyzer Accuracy and DUI Defense

If you think you may have been wrongfully accused of a DUI/DWI charge, you should seek the help of a qualified attorney who can help with your case. Due to new evidences about the inaccuracy of breathalyzers and the breath test results, you may be able to get your charges dropped altogether or your charges reduced, but only with the help of an experienced DWI lawyer. DWI defense can challenge the accuracy of the breathalyzer and the test results and possibly prevent a conviction.

Do you have opinions on the accuracy of the breathalyzer? Leave your comments below.

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What Kind of DUI Lawyer Would I Need for a DUI Conviction?

Posted on Jul 15, 2010

California is known for being one of the worst states to be convicted of a DUI, or driving under the influence. If arrested, one needs a good attorney to represent him; otherwise he faces long jail time with fines and restricted driving conditions. A conviction can lead to long-lasting consequences affecting one’s pocket book, court costs, jail, probation, and license suspension. Also, California has one of the highest conviction rates, 70%, for DUI offenders. This is why a lawyer is a must if arrested for DUI in California.

Never should someone fool himself into thinking that he could represent himself under this offense. A good lawyer could mean the difference between long jail time, heavy fines, and severe restrictions to lesser penalties and more benefits.

It can be overwhelming to try to find the right lawyer under such conditions, but it is not impossible. First of all, one can try the good ole local yellow pages. Also, using lawyer referral services can be a big help. Now, with today’s internet, an offender can find more information about a good lawyer to represent him for his trial, giving him the much needed information and help to fight for his rights.

One thing that should not be overlooked is making sure that a lawyer is qualified to practice law in the state of California. This is the American Bar Association’s greatest recommendation. If in doubt, contact the State Bar of California at (213) 765-1000.

Asking a lawyer many questions can insure finding the best one for one’s such needs. One shouldn’t be shy or afraid to ask about anything he must or wants to know. One such question is “Are you experienced in DUI law in the state of California?” “Will you defend me?” “Is DUI your specialty as a lawyer?” “May I see proof of your qualifications as a DUI attorney?” “Have you handled many DUI cases, and what is your success rate with these cases?” “How much will it cost me to have you represent me?” “How much can I expect in court costs and overall expense?”

Comparing attorneys is an important step under these conditions. Talk one-on-one with a lawyer gives one a good idea of how that attorney would be.

When one has his questions answered and feels confident about his legal representation, then he has probably picked out the right attorney to represent him.

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