December 2011 Multiple OUI and Other Driving Related Charges: 60 Days Jail with Probation
Massachusetts man is charged multiple Operating under the Influence (OUI) of Alcohol and other related motor vehicle offenses while on probation for a prior OUI and related offenses. The man was first charged with OUI in June 2010 after police pulled him over for driving 60 mph in a 25 mph zone. The police after detecting an odor of alcohol from the manÓ³ vehicle asked him to perform a series of field sobriety tests (FST). The man failed the tests. Police then placed him under arrest and transported him to the station for a chemical breath test (aka: breathalyzer test). This test revealed the manÓ³ blood alcohol content (BAC) to be .18 Ö well above the legal limit of .08. As a result the man was charged with OUI Negligent Operation of a Motor Vehicle and Speeding. The man failed to retain an attorney to represent him in connection with these charges. While representing himself he admitted to the charged misconduct in July 2010 and received a sentence of probation for a period of one year along with a requirement to attend mandatory OUI classes payment of a series of fees and assessments and a term of license suspension.
Ten months later in May 2011 while still on probation for the June 2010 offenses the man was pulled over again. This traffic stop occurred in the same town and by the same officer as the traffic stop that led to his arrest in June 2010. This time the police claimed to observe the man change lanes without using a directional and cross over the white line to pass another vehicle on the right while revving his engine. Police stopped the vehicle and again detected an odor of alcohol emanating from inside. The officer also observed opened and empty beer cans inside the passenger compartment. Police asked the man to step from inside the vehicle for a series of field sobriety tests which he failed. Police then transported him to the station for a chemical breath test which revealed his BAC of .17 Ö again above the .08 legal limit. The man was charged with OUI (2d offense); Marked Lanes Violation; Reckless Operating of a Motor Vehicle; Passing Violation; and Unlicensed Operation related to a license suspension imposed following the first OUI offense in 2010. He pleaded not guilty was released on bail and retained Attorney Calcagni to defend against the charges.
In October 2011 five months later the man was stopped again. Police observed him to be operating an unregistered vehicle which prompted another traffic stop. When officers approached the vehicle they detected an odor of alcohol coming and asked the man to step out from inside. They then administered field sobriety tests which he failed and transported him to the station for a chemical breath test. This time the manÓ³ BAC registered at .18 Ö a third time above the legal limit within a sixteen (16) months. As a result he was charged with OUI (3d offense); Negligent Operation of a Motor Vehicle; and Operating an Unregistered Motor Vehicle.
When the man was arraigned in Court he entered pleas of not guilty. However his bail previously imposed in the May 2011 was revoked which resulted in an automatic 60-day jail sentence. Bail in this new series of OUI-related offenses was set at $10000.00 cash. The Probation Department also charged him with two counts of violating his probation due his two series of criminal charges from both May 2011 and October 2011 all the while he was probation for similar charges dating back to June 2010. The man faced considerable jail time for this series of misconduct which was relatively close in time and appeared to be a pattern of offenses.
Attorney Calcagni served as the manÓ³ lawyer for both the May and October 2011 cases. After the October 2011 charges the manÓ³ overall goal was to get released from jail as soon as possible mainly due to his lucrative employment which was in jeopardy by the prospect of a lengthy jail sentence. The man worked in a demanding service industry. He was highly regarded by his employer top-ranking among his peers and had an extensive high profile client base. Attorney Calcagni shifted his focus from defending against or fighting the series charges to minimizing the potential punishment from them to his client. Attorney Calcagni sought to present compelling information to the Court Commonwealth and Probation Department about his client for consideration at the time of sentencing. He first interviewed and obtained statements from many of the manÓ³ clients. He also met with and interviewed the manÓ³ employer who supported the client during these difficult times. Attorney Calcagni also spent time with the manÓ³ family to learn about his family history which included alcoholism and other extenuating and mitigating factors. Attorney Calcagni captured all of this information in writing for presentation to the Court Commonwealth and Probation Department. Armed with these materials Attorney Calcagni sought to negotiate a minimal sentence in exchange for the manÓ³ guilty plea at a pretrial conference. This overall strategy was highly successful. At a pretrial conference Attorney Calcagni convinced all parties not to impose a significant jail sentence against the man. The man was ultimately sentenced to 60 days in jail following by a period of probation.