Boston OUI/DUI Defense Blog

Accused of dorm room theft? Plan a defense quickly

On behalf of Attorney John B. Seed on Thursday, August 22, 2019.

Living in a dorm isn't the easiest thing to do, but it is a good college experience to have. One aspect of dorm life that takes some getting used to is having to live in the same room as a stranger or not your first choice for a roommate even if you do know your roommate.

As is the case with any new living arrangements, there is going to be a learning curve. It is imperative that you and your roomie establish clear guidelines about using each other's stuff. Remember to respect anything that you use and be sure to return it. While it might seem far-fetched, you can be accused of theft if you borrow items and don't return them.

Do I really need a driver’s license to get a job?

On behalf of Attorney John B. Seed posted in drivers license suspension or revocation on Thursday, August 22, 2019.

Many people in Massachusetts are surprised to learn that not having a driver’s license can limit their ability to find work. Even if you do not need to drive for work as a trucker, pizza delivery guy or cab driver, you may need a driver’s license as proof of identity. Some companies may also consider the reason you got your license revoked as a red flag. Note that an in-depth background check is required for many jobs, such as in security or banking, so a record leading to a suspension or revocation could cost you that job.

According to the Atlantic, conservative policymakers have urged people to get a job to earn their way out of poverty. However, having no driver’s license can make this next to impossible. Jobs that do not require a driver’s license tend to be those at which you may earn very low wages, such as blue-collar work. Not having a driver’s license might also make it difficult to get to work on time. Employers may take this into consideration when making their hiring decision, especially if you live some distance away from work.

Number of deaths related to driving impaired in Massachusetts

On behalf of Attorney John B. Seed posted in drunk driving on Friday, August 16, 2019.

According to the CDC, between 2003 and 2012, 1,370 people lost their lives due to alcohol-impaired drivers in Massachusetts. Sometimes these people were passengers in the vehicle, other drivers, cyclists and pedestrians. Other times, it was the driver themselves.

The CDC estimates that the death rate per 100,000 across all age groups is 1.8 in Massachusetts. The national average is much higher at 3.3. The national average is highest for the age groups 21 to 34, at 6.7 deaths per 100,000 population. In contrast, Massachusetts stood at 3.3 for the same age group.

Are study drugs appropriate for college students?

On behalf of Attorney John B. Seed on Wednesday, August 14, 2019.

College students have a lot of things to think about. For some who are just coming into higher institutes of learning, the realization that they have to behave as adults, set their own schedules and keep up with their courses can be very stressful. They may quickly realize that there aren't enough hours to attend to these responsibilities, hold a job and still have time to spend with friends.

Students use a host of methods to stay awake to study. Some will go to a public location like a restaurant, coffee shop or library in the hope that they will be able to stay awake to get their work done. Others scale back social activities and use that extra time to study. It is also possible that some will turn to "study drugs" to be able to stay awake and help them to focus.

How police officers detect DWI and how much it costs you

On behalf of Attorney John B. Seed posted in field sobriety tests on Thursday, August 8, 2019.

When it comes to detecting DWI, in Massachusetts there are standardized field sobriety tests police officers may rely on. According to the National Highway Traffic Safety Administration, these guidelines are in place to reduce injuries, deaths and crashes caused by drivers under the influence.

In the training guidelines provided by the NHTSA, police officers are reminded that more than half of the population consider themselves drinkers, while 6.3% are heavy drinkers. The document also defines binge alcohol use, which involves having five or more drinks within a few hours of each other. Additionally, it notes that impairment may result from illicit drug use. Here are some of the signs of impairment that police officers look out for:

Stopping in the traffic lane for no apparent reason
Difficulty maintaining proper lane position
Driving without headlights at night
Slow response to traffic signals
Speeding and reckless driving

How an OUI charge in Massachusetts can derail a college career

On behalf of Attorney John B. Seed on Friday, August 2, 2019.

Most parents feel a powerful mixture of concern and pride when their children get accepted into college and leave home. The pride comes from knowing that your young adult child will likely have a bright future because they have chosen to continue their education. The concern is typically the result of the various dangers of college campus life.

Alcohol is one of those dangers. If your child wants to join a sorority or fraternity, you might worry about hazing activities, including peer pressure to drink far more alcohol than is safe for your child's weight or tolerance level. Even if they don't feel pressured to drink more than they want, you may still worry about how your child will handle alcohol and the decisions they make under the influence.

Alcohol impairment affects driving abilities quickly

On behalf of Attorney John B. Seed on Tuesday, July 30, 2019.

Some people think they can "hold their liquor" better than others. While this might be the case, the factor that is going to matter when you are pulled over for the suspicion of drunk driving is what blood alcohol concentration you have at the time. There are many different things that determine how your body will metabolize the alcohol.

It is possible for people to react differently to the exact same number of drinks. Physiology, gender, body fat percentage, weight, and alcohol tolerance all have a direct impact on how your body burns alcohol.

What is the connection between blackout drunk and drunk driving?

On behalf of Attorney John B. Seed posted in drunk driving on Monday, July 29, 2019.

Seeing young people become blackout drunk in Massachusetts is fairly common. Older people often follow this behavioral pattern as well. In fact, CNN reports that blackouts after binge drinking is extremely common. You may think of someone simply passing out. However, many people who suffer from blackouts are awake and may continue to participate in social and even intimate affairs. They simply do not remember what happened, and unfortunately, that may include getting behind the wheel.

An older study cited by the 2015 CNN article reported that 51% of 800 surveyed university students who had consumed alcohol before, reported to experiencing at least one blackout induced by alcohol. Many of these students then engaged in risky behavior. Some vandalized properties, had sexual intercourse or operated a vehicle.

Reasons people give for illegal activity

By Attorney John B. Seed posted in Criminal Defense on Tuesday, July 23, 2019.

A lot of illegal activity comes with a basis around personal gain, but may be committed due to desperate circumstances. While someone robs a store in order to get something for free another person might steal to pay their family's bills. One person will break the speed limit to get to their destination faster while another races to make an important appointment.

Many people break the law purposely while others do it out of necessity. They understand the potential ramifications, whether it's insider trading or drunk driving or something else entirely. So, what is it that makes people decide that they're going to violate the law?

Police can order blood drawn and tested while drunk drivers sleep

On behalf of Attorney John B. Seed posted in breath test refusal on Monday, July 22, 2019.

One of the main differences in Massachusetts drunk driving laws over other states is that drivers can currently refuse a breath test. However, what happens if drivers are asleep when the police conduct their search? Or, if they fall asleep while in police custody and after admitting to drunk driving? Can officers draw blood and test it for alcohol? Does that fall under implicit consent or is this unconstitutional?

According to CNBC, this was the dilemma brought before the U.S. Supreme Court earlier this year. The case involved a Wisconsin driver who reportedly admitted to operating his vehicle under the influence. Realizing he was unfit to drive, he allegedly parked and exited his car. He then went down to the lake to sleep.