A native of Mexico was arrested in Boxborough Massachusetts for a sixth offense of operating under the influence of alcohol (OUI) he was also wanted related to an order for removal by immigration since he is here illegally

October 5, 2011
By Frank Fernandez Esq. on October 5, 2011 10:26 AM |

Eduardo Torres, 48, of Marlboro, was pulled over Saturday morning, September 24, for an expired inspection sticker. The officer noticed to open beer bottles and the smell of alcohol on his breath. After failing field sobriety tests Torres was arrested for being under the influence of alcohol. He has three prior alcohol-related offenses from California and to prior operating under the influence charges in Massachusetts, he was charged with a sixth offense OUI.

Torres was previously ordered deported by immigration and will be handed over to federal authorities after his criminal case is completed. The incident along with others involving illegal immigrants have drawn a lot of publicity to those immigrants who are here illegally and drive without a license or commit criminal offenses. Sheriff's from local communities are using these latest incidents to draw attention to the secure communities program. The secure communities program requires that police run a suspects fingerprints through a database and alert federal officials if it is determined that the suspect is not the US with proper authorization.

Torres was held without bail and faces a mandatory minimum sentence if convicted. It appears he did not take the breathalyzer. OUI charges have an increasing scale when it comes to penalties based on the amount of prior offenses. A first offense OUI usually requires an alcohol program, a short loss of license as well as fines and fees; a second offense usually requires a two-week inpatient alcohol program; a third offense will require mandatory minimum sentence in jail with a long loss of license. Any subsequent offense after a third offense carries an even longer mandatory minimum sentence and eventually a permanent loss of license.

Frank Fernandez is a criminal defense attorney serving Boxborough and all surrounding communities in both criminal and civil litigation matters. Please contact us for a free consultation.

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