An Interesting Question

The one question I would love someone to ask our half-dozen candidates for Ellen Story's 3rd Hampshire District state rep seat is how they plan to vote on the recreational marijuana ballot question this coming November?

3rd Hampshire District candidates debate last night

Interestingly at Monday night's Select Board hearing on the 4th request for a medical marijuana dispensary "Letter of Support", which took FOREVER, Happy Valley freely admitted they would love to pursue that market demographic.

But they were quick to point out their business plan showed they would be quite profitable with just the medical market (estimated at $10 million) as long as the Select Board issued them a Letter of Support like they did the other three.

Having made an effort to cover APD weekend arrests for drunk driving and OUI/drugs I have watched hundreds of arraignments and plea deals.

By far the main weapon used as evidence by the Commonwealth -- which borders on infallible -- to bring perps to a quick settlement (Ch24D deal) is the Breathalyzer Test for blood alcohol levels.

And thus far, there's no simple reliable such equivalent for marijuana.

DUI Dishonor Roll

MADD:  Each day people drive drunk about 300,000 times with only 3,200 arrested

If a police officer gives you friendly advice NOT to drive your car due to alcohol induced impairment you should probably follow that advice. Don't be like Austin Audette.

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Austin Audette, age 20

In Eastern Hampshire District Court on Monday Austin Audette had his case continued to next month and Adam Garand struck a Ch24D plea deal with the Commonwealth.

 Adam Garand, age 45

Cost of a Ch24D disposition plus loss of license 45 days

DUI Dishonor Roll

3x as many males were arrested for drunk driving than females in 2014

Amherst Police made no arrests for drunk driving over the long holiday weekend, a time when alcohol consumption probably goes up a tad.

Although, like rowdy student behavior, that can be weather related and Memorial Day itself was a bit wet for outdoor barbecues.

One arrest did occur in Amherst, however, by Amherst College Police Department.  Yes, they do have power of arrest and will sometimes come to the aid of our police on busy nights when APD low staffing inhibits proper responses.

 John Bedford, age 32, stands before Judge O'Grady

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In Eastern Hampshire District Court on Tuesday both individuals decided to hire their own private attorney and will appear again for pre-trail in July.

 Brett Rogers, age 22, stands before Judge O'Grady

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DUI Dishonor Roll

Should marijuana be legalized in our progressive state these kinds of dangerous driving incidents will no doubt increase.  Interesting that a Breathalyzer is used to rule out alcohol as a factor for impaired driving.

 Lenno Carter, age 40, stands before Judge Thomas Estes

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In Eastern Hampshire District Court on Monday the Commonwealth requested $2,000 bail for Mr. Carter but it was denied by Judge Estes.  He was released on his own personal recognizance and will return next month for a pre-trial hearing. 

DUI Dishonor Roll

MADD: Over 50% of convicted drunk drivers continue to drive on a suspended license

The gorgeous spring weather last weekend led to the usual increase in party behavior around town -- particularly in North Amherst -- and even more unfortunate, an increase in impaired drivers on our roadways.

 Carl Howard, age 43, stands before Judge Estes

APD arrested two and UMPD arrested one.  All of them first time offenders and all of them took the telling legally admissible chemical breath test, and failed.

 Chandler Burnham, age 21, arraigned before Judge Estes

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Mothers Against Drunk Driving is pushing a proposal in Massachusetts that would require interlock devices on cars for first time offenders.  One way of helping ensure they don't become 2nd time offenders.

Or killers. 

Brian Bevilacqua, age 21.  All three had their cases continued to next month

DUI Dishonor Roll

Amherst -- at least the part not under UMass -- was pretty safe over the long weekend with APD not taking a single impaired driver off the road.  Maybe everybody is using Uber these days.

 Luke O'Malley, age 20, stands before Judge O'Grady

UMass police did arrest one student for impaired driving, in a parking lot.  One that was loaded with a couple thousand tailgaters.  O'Malley had his case continued until next month so he could hire his own private attorney.

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UMass Stadium 6:45 PM  More at parking lot tailgate than in the stadium

DUI Dishonor Roll

In 2014 three times as many males were arrested for drunk driving as females

No matter who wins the all important election today, I hope everyone will celebrate responsibly.  Or drown out their sorrows responsibly as the case may be.

 Charles Allard, age 20, stands before Judge Thomas Estes 

Having APD come knocking on your driver side wide window with their flashing blue lights reflecting in your rear view mirror, is no way to end the evening.

Like these two college aged youth, who overdid it over the weekend and made the major mistake of getting behind the wheel of a car.

Both college aged youth had their cases continued until 4/14 so they could hire their own attorney.

But since both took the legally admissible breath test they should save their money and take the standard state offered 24D disposition (Continued Without A Finding):  loss of license for 45 days, one year probation and completion of alcohol driver course.

Cost of a standard 24D disposition

Jason Moriarty, age 22, stands before Judge Thomas Estes

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DUI Dishonor Roll

Rocky Hill Road, Hadley 8:50 PM Sunday (Hadley PD Facebook)

Yes everybody deserves a second chance -- especially when it comes to substance abuse.

 Jocelyn Brick, 27, stands before Judge Thomas Estes in Eastern Hampshire District Court

But the sympathy quota goes down dramatically after that second screw up -- especially when it happens at a normal family hour when plenty of innocent drivers are on the road.

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Fortunately it will be a l-o-n-g time before Ms. Brick gets behind the wheel of a car again as the automatic license suspension for refusing the Breath Test on a second offense DUI arrest is three years.

She was released on her personal recognizance and returns to District Court April 24 with her private (no doubt expensive) attorney.

DUI Dishonor Roll

Amherst was fortunate again last weekend as APD only took one alleged impaired driver off the road. Since no female officers were on duty Amherst College PD sent one of theirs to assist with booking.

 Erica Wheeler-Perkins, age 52, arraigned before Judge Murphy

I overheard the shift supervisor alerting everyone as Ms. wheeler-Perkins, "was more than a handful" during the initial stop.

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In Eastern Hampshire District Court she was released on her own recognizance and will return for pre-trial with her own attorney on March 21.

DUI Dishonor Roll

Cars don't kill people, drunk drivers do

Let's hope this weekend continues to be a light one for drunk drivers.  Last weekend neither Amherst or UMass police had a single arrest.  Nearby Hadley, however, had one:

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 Almost 2.5 times the legal limit

 In Eastern Hampshire District Court on Tuesday Daniel Tower, age 32, took a standard first offense Chapter 24D disposition

 Cost of a standard 24D disposition

DUI Dishonor Roll

Once again, thankfully, we had a sub par weekend for drivers taken off the road under police escort and charged with impaired driving.  Only one arrest by APD and one by UMPD. 

So far 2016 has been a lucky year for the rest of us Amherst drivers. 

So far.

Eliza Ann Thornton, age 18

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 William Os, age 23, stands before Judge Charles Groce

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In Eastern Hampshire District Court on Monday William Os was appointed a public defender (and charged $150) and will appear for pre trial on March 21. 

Ms.Thornton discussed accepting a standard 24D disposition with the prosecutor but first has to find out if her insurance will cover the damages to the town guardrail.

DUI Dishonor Roll

Anthony-Denson Rivera, age 25, took the Ch24D deal offered by ADA Bob Opsitnik (rt)

Yes the number of drunk driving arrests on weekends so far in 2016 has been exceedingly low, this being the first.   Which is of course a very good thing.  But the year is still young.

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 ADA Opsitnik confirms he has never lost a trial where a legally admissible Breath Test was used

 

Cost of a Ch24D disposition