NY Boater Charged with 2 Counts of Vehicular Manslaughter

A New York man has been charged with 2 counts of vehicular manslaughter and one count of vehicular assault in the tragic speed boat crash that killed a bride-to-be, the best man and seriously injured the groom and three other passengers.

The boat accident occurred late in the evening on Friday July 27th, when a speedboat carrying 6 friends struck a barge on the Hudson River north of New York City. The boat’s operator, Jojo John of Nyak, NY was arraigned from his hospital bed and ordered to be held on $250,000 bond. John is suspected to have been operating the boat while intoxicated. At the time of the arraignment, it was not known if John had obtained a criminal defense attorney.

To read more about this tragic case of manslaughter and assault, click on the following link:

http://www.washingtonpost.com/national/friend-charged-with-manslaughter-in-boat-crash-on-ny-river-th…

If you need criminal defense in civilian or military court, call the Law Offices of John L. Calcagni, III, at 401-531-5100 for a free consultation to learn about your options.

A former prosecutor with the U.S. Army JAG Corps and a Special Assistant U.S. Attorney, John Calcagni is experienced in the prosecution and defense of all types of criminal cases and provides defense for those accused of federal and or crimes.

As a Military Defense Attorney, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, Massachusetts, New York, Connecticut and Florida.

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Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Massachusetts DUI Result

Operating Under the Influence (OUI) Second Offense: Reduced to First Offense with First Offender Disposition to Avoid Criminal Conviction.

A Rhode Island motorist was stopped by police in Massachusetts and charged with Operating under the Influence of Alcohol (OUI) Second Offense. The charge stemmed from a motor vehicle stop for a traffic violation. The police officer who stopped the motorist detected an odor of alcohol emanating from the motorist’s vehicle. Further investigation led to the administration by police and failure by the motorist of a series of field sobriety tests. Police placed the motorist under arrest and transported him back to the station. There, he failed a chemical breath test, which measured his Blood Alcohol Content (BAC) at .17. As a result, the motorist was charged with Negligent Operation of a Motor Vehicle; Marked Lanes Violation; and OUI Second Offense due to the motorist having an old RI Driving under the Influence (DUI) conviction.

The motorist hired Attorney Calcagni to defend him against this charge. Attorney Calcagni first sought to attack this case by filing a motion in the RI Court to expunge or seal the motorist’s old DUI conviction there. Attorney Calcagni was successful in this regard in that he filed the motion, successfully argued it in Court, and ensured that it was granted by the Court. Once the RI record was expunged or sealed, Attorney Calcagni provided proof to the Commonwealth and MA Courts that in the eyes of the law, the motorist was now considered a first-time offender. On this basis, he successfully moved to have the OUI Second Offense charge reduced or amended to OUI First Offense.

Attorney Calcagni then successfully negotiated with the prosecutor and convinced the Court to allow his client to enter an OUI first-offender program. This program, also known as the 24D Program, provides that if a motorist pays a series of fees and assessments; successfully completes court-ordered OUI classes; and remains out of trouble for a probationary period of 12 months, the case will be dismissed and the motorist will not incur a criminal record or conviction from this event. The Court adopted Attorney Calcagni’s argument and allowed the motorist to enter into the first offender program.

Congratulations to this individual.

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The Law Office of John L. Calcagni, III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

DUI Client Testimonial

If you are a United States service-member in need of assistance with a civilian or a military criminal matter, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information. Remember to subscribe to my blog for updates on military and criminal law matters.

"When I was arrested for my DUI, and first ever driving offense, I was confused and nervous.  I had no idea who I should contact to represent me.  A good friend of mine pointed me to Attorney John J. Calcagni III.  When I called him late at night, he responded immediately, and we met in his office the very next day.  John educated me about the legal proceedings and what I should expect from  him and the criminal justice system.  After all, I had never been arrested or charged with a crime before.  The entire experience was very new to me.  John was very clear and to the point at all times and I felt very comfortable with him representing me as my attorney.  John was always able to accommodate my busy work schedule to meet and discuss my case.  In the courtroom, he acted quickly and professionally.  I received the best possible outcome for my case and I will definitely recommend him to others."

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Massachusetts OUI

Since the beginning of 2012, nearly 1.3 million people within the United States have ended up in police custody for operating a motor vehicle under the influence. While many illegal substances such as drugs are a common cause for intervention by law enforcement, alcohol is not only legal for those 21 and over, but it is also available in most social establishments. For some people a mere two drinks will place them over the legal limit. This means that it is very easy for anyone to find themselves operating a motor vehicle while over 0.08% BAC.

Good Intentions

Accidents and fatalities that occur due to operating a vehicle while intoxicated are certainly not intentional, but they do happen every day in The United States - most of which are increasing their efforts to combat the problem through tougher laws, and more severe penalties. What many people fail to realize is that alcohol does not need to be determined as the cause of an accident, but instead, needs only be present in the blood. Mechanical failure is also a common cause of accidents, but if alcohol is involved, it is safe to assume you will be charged with a DUI. The same issue can stem from a faulty blinker, broken tail light, or an out of date inspection sticker.

What to expect during a stop

Being arrested for OUI can be a frightening and embarrassing experience. While it may seem like attempting to appear sober is a good idea, there are many methods used by Massachusetts Law enforcement to determine whether or not you are intoxicated and to what degree. The most common method is a breathalyzer test. Refusing a breathalyzer in and of itself is a crime that carries its own criminal penalties and sanctions. Should your traffic stop later result in a trial, a prosecutor may attempt to use your refusal as proof of guilt. Another method is a simple blood test which may follow an arrest, and refusing a blood test is also a crime.

What to expect once you are under arrest

If a police officer suspects that you are driving under the influence of alcohol and you refuse a sobriety test, you will immediately be arrested. If submission to the sobriety test or a trial reveals that you are guilty your license will be revoked, your driving record will be permanently affected, and your insurance premiums will skyrocket. This is in addition to any possible jail time, fines, and mandatory sobriety classes.

If you have been arrested for Operating Under the Influence

If you are arrested for OUI in Massachusetts please contact Rhode Island Criminal Defense Attorney John L. Calcagni, now at (401) 351-5100 for a free consultation or more information.

OUI and Negligent Operation Case Results

If you have been charged with a crime, or are a suspect in a criminal investigation of any kind, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

Operating Under the  Influence of Alcohol (OUI) and Negligent Operation of a Motor Vehicle:  Continued without a Finding (CWOF).  Motorist ran through red light while traveling 60 mph in a 40 mph zone.   This conduct was witnesses by a police officer who was on patrol.  Following his observations, the officer conducted a traffic stop of the motorist. The officer approached the motorist and observed him to have a strong odor of alcohol beverage; slurred speech; and blood shot eyes.  When asked if he had been drinking, the motorist lied by saying “no.”  The officer subsequently administered series of field sobriety tests to the motorists, all of which he failed.  The officer then placed him under arrest and transported him back to the police station for a breathalyzer test.  The motorist’s BAC was measured at .24, three times the legal limit of .08.  Accordingly, the motorist was charged with Operating under the Influence of Alcohol (OUI) and Negligent Operation of a Motor Vehicle.  The motorist retained Attorney Calcagni to represent him against these charges.  Attorney Calcagni advocated on behalf of his client, a first-time offender, and successfully negotiated the charges to be resolved with a Continuation without a Finding (CWOF) for a period of twelve months.  Though the motorist was sentenced to pay mandatory fees and assessments, attend OUI classes, and loss of license for 45 days, providing he complies with these terms and is not charged with a new offense in the next twelve months, the charges will be dismissed and the motorist will not incur a criminal conviction from this incident.

DUI and Breathalyzer Refusal Testimonial

If you have been charged with a DUI or related drinking and driving offense in RI or MA, contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 now for a free consultation or more information regarding an appointment.

“I was charged with both Driving Under the Influence of Alcohol (DUI) and Refusal to Submit to a Chemical Breath Test. A friend referred me to Attorney John Calcagni. John and I met for the first time at my kitchen table when he visited my home for a consultation. I knew right away that he was a very confident and caring lawyer. He explained exactly what would happen in court step-by-step. We did had several future meetings and John always had the ability to diminish my nervousness and anxiety associated with the court and criminal justice system. He was always available for any questions I had and never ignored me. He returned every phone call and email in a timely manner. At my court appearance, I was looking to lose my license for six months, but John had it reduced to three months. I would highly recommend John to anyone with a legal matter. He not only represents you as a lawyer, but you think of and call upon him as your friend. Thank you so much John.” – PF

Criminal Defense Attorney John L. Calcagni, III Files Appeal in Landmark Drunk-Driving Case

On April 1, 2011, Attorney John L. Calcagni, III was interviewed for a Lawyer's Weekly article regarding the issue of language barriers and the rights of drunk-driving defendants.

The article details a December 2009 case, wherein Attorney Calcagni represented a non-English speaking defendant who had been arrested and charged with driving under the influence. The decision reached by the Court found, based upon testimony by the arresting officer, that the defendant was aware enough to submit to a field sobriety test, but that the blood alchohol test was given without his full awareness.

An excerpted portion of the interview, where the interviewer questions whether Attorney Calcagni has found any case law to support his appeal of the decision, had this response, "I haven’t found much guiding case law on this issue of language and field sobriety tests. I did find a couple of cases in New Jersey that weren’t exactly on point and some that held weight against me, basically saying that driving is a privilege, and in order to obtain that privilege people have to give up certain rights, such as complying to tests on the roadside. Obviously, I will not be citing those cases."

When asked about his appeal of the Court's decision, Attorney Calcagni responded, "Appealing this case is necessary to “right the court’s wrong” and to ensure an even playing field for both English-speaking and non-English speaking defendants alike. Every man is supposed to stand equally at the bar of justice, therefore, the police should treat everyone equally both on the roadside and in the course of their investigations. In some instances, this places the onus on the police to obtain the assistance of an interpreter or bilingual officer. Where the police fail to take these steps to accommodate less sophisticated, non-English speaking defendants, the defendants should not be penalized by the Court. That is exactly what happened to Mr. DaLomba, and appealing his case is necessary to correct this error.”

The full text of the interview by Phillip Bantz, entitled Language barrier at issue in drunk-driving case, can be found HERE

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.