We have been practicing law in Boston and throughout Massachusetts since 1985. I have represented clients in District Courts, Superior Courts, the Appeals Court, Housing Court, Probate Courts, Federal Bankruptcy Court and the Federal District Court.
A recent development by scientists at Massachusetts General Hospital (MGH) is reported to have effectively measured or detected marijuana impairment. By using a non-invasive brain imaging procedure, researchers claim that the method can distinguish between no or mild impairment and more significant intoxication.
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It is probably no surprise that car crashes occur more frequently in Massachusetts during the Spring months. Although wintery conditions certainly make driving hazardous, more people are on the roads in the Spring, and along with the volume of cars on the roadways comes more opportunities for reckless driving, speeding, and other risky behavior.
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Massachusetts was one of the first states to legalize adult use of cannabis and as a result, our state has reaped millions of dollars in tax revenue from marijuana sales. When legalization was being adopted back in 2016, some legislators and highway safety proponents were concerned about an increase in drugged and impaired driving since the drunk driving laws were not equipped to deal with persons accused of driving under the influence of marijuana.
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Fatal car accidents continue to plague Massachusetts roadways, causing untold trauma to a victim’s family as well as to the defendants and their families in many cases. In one such case last December, a Stoughton man was charged with vehicular homicide, operating a vehicle under the influence of alcohol, and other charges in the death of a 64-year-old Bridgewater man.
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As part of a 5-year comprehensive $20 million program from the Baker-Polito administration, the City of Worcester, Massachusetts recently received a $250,000 grant to equip their officers with body cameras. Other cities across the commonwealth that have received similar funding include Ashburnham, Brookfield, East Brookfield, Grafton, Lancaster, Ware, Rutland, Warren, and 56 other jurisdictions.
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In 2021, Massachusetts there were 390 victims in fatal car accidents, the most since 2009. The next highest was in 2012 when 364 people died. Many attribute the dramatic rise in fatal accidents to the effects of the pandemic. Like the prior year, for most of the year, traffic congestion was way down as many people either lost their jobs, were laid off, or chose to work remotely. Consequently, motorists took advantage of open lanes to – speed. Law enforcement was scarce as officers feared contracting Covid from personal encounters with infected motorists.
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This past year, 2021, saw the largest spike or increase in drunk or impaired driving in 15 years. This is worrisome to traffic safety advocates and perhaps perplexing since organizations like MADD (Mothers Against Drunk Driving), SADD (Students Against Drunk Driving) and others have lobbied over the years for and convinced legislators across the nation, including Massachusetts, to impose stricter penalties for impaired driving. During holidays and at other random times, police roadblocks to detain and arrest drunk drivers offer disincentives to motorists to drink and drive. Many high schools offer driving classes or seminars that emphasize the risks of drunk driving to novice motorists.
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Since cars were invented and vehicles became ubiquitous throughout the nation in the early and mid-20th century, drunk driving has been a concern. But only when fatalities from drunk driving accidents continued to increase year-by-year and people became fed up with the carnage that stricter laws and enforcement were implemented. Notwithstanding numerous media campaigns about the dangers of drunk driving, states including Massachusetts have seen little progress in preventing needless deaths from impaired drivers.
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There is no doubt that a speeding ticket is often among the most expensive citations a motorist can receive other than ones for impaired driving or for causing a serious or fatal accident. The fines associated with speeding often depend on the degree to which a motorist exceeded the posted speed limit. In Massachusetts, you can expect your insurance to increase by an average of 31% for a speeding ticket. For example, if you were paying $1,223 per year in premiums each year, a speeding ticket could increase that to $1,602.00.
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With the recent snowstorms and frigid temperatures, there are always unfortunate incidents as a consequence of our severe weather. In early January, a fire in a Bronx, New York apartment complex caused by a space heater killed 17 people. Here in Massachusetts, we have our own complement of apartment fires that have led to unnecessary deaths and tragedies. At Burns & Jain, we have represented victims of space heater fires.
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