A Globe correspondent for Boston.com has reported that a man has plead not guilty to killing a pedestrian while driving drunk, though his breathalyzer test proved positive for high alcohol consumption and he has a lengthy record of driving violations.
A.M., 48, of Dracut, entered his plea at the Woburn District Court on August 15. He is being held on one count of
Bail was set at $5,000 by Judge Marianne C. Hinkle.
The pretrial hearing will be on September 9.
The victim, D.J., 51, of Burlington, died at the Lahey Clinic on August 15. The accident occurred on August 14.
Per the Burlington police department's report, A.M. struck D.J. with his sport utility vehicle while driving south on Cambridge Street, at approximately 8 p.m., as D.J. was attempting to cross at Olympia Way.
I.C., a witness that was nearby heard both a loud bang and saw a pedestrian flying overhead. I.C.'s police statement read, "I ran over to the man who got hit, to see if he was all right, but he wasn't responding.
At this point, the man in the truck got out and stumbled over to us."
Another witness, a customer at a pizza restaurant in the vicinity, telephoned for an ambulance.
A.M. was found by police sitting on a stone wall, his eyes glassy and bloodshot, next to his damaged car. He allegedly told police that though he had recently drunk two Margaritas, he "wasn't drunk anymore."
There were approximately five or six tries at using the breathalyzer on A.M. before police ascertained a reading: 0.27 percent blood-alcohol.
As the state's legal driving limit is 0.08, A.M.'s proved to be three times that amount.
The ambulance took D.J. to the Lahey Clinic. The police report stated that he suffered with brain damage and swelling.
Once his parents, K.J. and R.J., arrived at the hospital and gained a priest to administer D.J.'s last rites, he succumbed to his injuries.
News reporters visited D.J.'s neighborhood to gain more information on the deceased. They learned that D.J. sometimes stayed with his parents and other siblings at the family's home on Spruce Hill Road.
According to the Massachusetts Registry of Motor Vehicles, A.M.'s driving violations began in 1984 and include more than one license suspension - that occurred in 2008 and 2009.
A.M. currently faces 2 ½ years of prison time and $5,000 fine. But, as he was charged prior to D.J.'s death, and has a previous DUI charge in New Hampshire, court documents now indicate that the charge may be changed.
A New Hampshire incident - that is awaiting confirmation by the New Hampshire Department of Motor Vehicles - involves drug or alcohol related incidents.
Cara O'Brien, spokeswoman for the Middlesex district attorney's office, said, "The circumstances remain under investigation."
A.M. was not injured in the collision. Woburn-based attorney Gillian L. Fisher represents him.
Charges from a recent DUI, DWI, OUI or OWI can be further complicated depending on your prior record. Contact a DUI attorney today for help with your defense.