Kathleen Allen, a twenty three year old Middleboro, Massachusetts woman was held on one hundred thousand dollars bail after her arraignment in the Wareham District Court. It is alleged that Allen was high on Heroin and Operating Under the Influence when her pickup truck slammed into a sedan killing the driver of the smaller car, a local college freshman. The most serious charge Allen faces is Motor Vehicle Homicide. At the time of the incident Allen had three open criminal cases.
According to reports, police officers responded to the crash scene where they observed two vehicles overturned. The victim died at the accident scene. Allen was brought to the hospital and treated for some minor injuries. Her passenger was med-flighted to a Boston hospital with serious injuries. Reports state that while driving Allen dropped a cigarette. When she went to pick it up she lost control of the wheel. Her passenger tried to steer the vehicle into the correct lane and as the two struggled for control of the wheel the pickup truck hit the victim's car. Allen supposedly told the police that not long before the accident she injected herself with Heroin. She also admitted to drinking heavily. The case is currently being prosecuted in the Wareham District Court.
Lawyers Who Defend Motor Vehicle Homicide Cases in Plymouth County
Motor Vehicle Homicide in Massachusetts is a felony proscribed by Massachusetts General Laws Chapter 90 Section 24G. The law states that anyone operating under the influence of alcohol or drugs who causes death to another can be punished by up to fifteen years in state prison. A conviction for this offense mandates a one year jail sentence. There is also a fifteen year loss of license for anyone convicted of this offense. Interestingly enough, the district attorney could have charged Allen with manslaughter based on the same conduct. A conviction for manslaughter would carry a possible twenty year state prison sentence. Massachusetts courts have stated that the Motor Vehicle Homicide statute was designed to find a middle ground between manslaughter and Operating to Endanger.
As a Massachusetts Criminal Lawyer I can see where Allen's case might be difficult to defend successfully. There are several hurdles she has to overcome, which in the circumstances of this case will be tough to jump. Allen will have to show that the accident was not her fault. The district attorney will likely have an accident reconstructionist engaged. If they determine Allen was at fault then she will have to overcome the factor of impairment. This involves first challenging the admissibility of her admissions to the police, then trying to exclude as evidence the breathalyzer or blood test. Allen's passenger's recollection of the events might help with her defense depending on the testimony that person can provide and his or her credibility. Allen has a tough fight ahead of her.