A recent article in the MetroWest Daily News tells the story of an accident that occurred recently in Wellesley. The woman involved in the accident was arrested Friday, November 9 at 8:45 a.m. for allegedly driving under the influence of alcohol and drugs. The woman is an emergency room doctor and was arrested on her way to work at Newton-Wellesley Hospital. According to witnesses, the woman’s car struck multiple cars, a fence, a post, and a tree; The woman’s car was airborne at one point before triggering a multiple-car crash at the intersection of Washington and State streets, outside the Whole Foods parking lot. One driver in the crash was reportedly taken to Newton-Wellesley Hospital with injuries but was later released.
While speaking with the woman after the crash, officers allege that they could detect the smell of alcohol. The woman agreed to perform and subsequently failed two field sobriety tests, police said. The article does not state whether the police performed a breathalyzer test. If the woman did not register as .08 or above on a breathalyzer test, the police will have to prove that she was operating under the influence of an intoxicating liquor in order to prove the OUI charge pertaining to alcohol.
Police charged The woman with driving under the influence of alcohol, driving under the influence of drugs, operating recklessly so as to endanger, leaving the scene of property damage and leaving an accident scene after property damage. These charges reportedly stemmed from the woman’s driving, the significant damage to her car and the other cars involved, her slurred speech, her glassy eyes, and the slight odor of alcohol on her breath. The woman was reportedly also charged with possession of a class C substance, and possession of a class E substance.
In order to prove the OUI charge pertaining to drugs, prosecutors will have to prove that the woman consumed enough of a drug to reduce her ability to operate her vehicle safely. To prove that she operated a vehicle recklessly, the prosecutors must prove that she was operating her vehicle in a place where the public has a right of access and that she did so recklessly. Just because an accident occurred does not mean that she operated her vehicle recklessly. Prosecutors must prove that she was at fault and that her actions rose to the level of recklessness. To prove the possession charges, prosecutors must prove that the substances were controlled substances, that she possessed some perceptible amount of the substance, and that she did so knowingly.
Police allegedly found prescription drugs in the woman’s possession during the booking process and in her car during an inventory search. Some of the drugs were allegedly in prescription bottles, while others were not. Prosecutors reportedly stated in court that they believe the woman had been prescribing drugs to herself.
The woman was arraigned Tuesday, November at the Dedham District Court and pleaded not guilty to her charges. Prosecutors asked that the woman be held on $10,000 bail, but a judge released her on personal recognizance. She is due back in court on Jan. 7.
The woman is facing numerous serious charges. She is facing various fines and, potentially, imprisonment. However, the woman may be able to beat some of the charges she faces. If the police did not give her a breathalyzer test or a blood test, she may be able to overcome the OUI charges she faces. Additionally, if she is able to get the possession evidence suppressed from the searches, she may be able to overcome the possession charges, as well.
The woman will need an experienced and skilled attorney in order to achieve the best results for her. The woman could face jail time if convicted of the charges against her. An experienced attorney could help her to avoid jail time and minimize the fines she is facing.
Contact Attorney Cappetta today if you are facing motor vehicle or drug-related charges.