5th OUI gets Marblehead man four years

SALEM – A Marblehead man who had open bottles of alcohol in his van after being arrested in Swampscott following a crash last winter, pleaded guilty in Superior Court to his fifth drunken driving offense.Terence P. Driscoll, 39, of 14 Baldwin Road, Marblehead, was sentenced to up to four years in state prison and a lifetime loss of his driver’s license in Massachusetts. Driscoll also pleaded guilty to operating after suspension of his license, subsequent offense, resisting arrest and two counts of assault and battery on two police officers.The sentence was handed down by Judge John T. Lu.Upon release from prison, Driscoll will be on probation for three years during which he will be evaluated for substance abuse and treatment, refrain from alcohol consumption, consent to random screenings and not drive a motor vehicle in any state nor apply for a driver’s license in any state.The charges arise out of an incident just before midnight on Jan. 14 when Swampscott Patrolman Michael Frayler responded to Essex Street on a report of an accident where he found Driscoll’s 1995 Dodge Ram stuck in a snow bank, still running.Driscoll told police he was calling AAA for help and that he swerved his vehicle to avoid another car and went into the snow bank.Driscoll attempted to show the officer who he was calling, but when the officer heard the conversation on speakerphone, a woman’s voice answered saying, “It’s your mother.”Police said they smelled alcohol on Driscoll and that he was slurring his words and failed several sobriety tests.Driscoll told police he had just come from Salem State College. Police said when asked to perform sobriety tests Driscoll became belligerent. Unable to perform the tests, the officers began to arrest him but he became aggressive and kicked one in the chest and one in the upper thigh.Officers had to use pepper spray to subdue him.Police said they found open bottles of Smirnoff Vodka and Kahlua in his vehicle.The punishment was less than the four- to five-year state prison term with probation sought by Assistant District Attorney Jennifer Kunsch.Defense lawyer John T. Haggerty asked for leniency, suggesting three years in state prison with probation, pointing out that his client was accepting responsibility for his actions and has wanted to resolve the case from the onset.Driscoll has convictions for operating under the influence of alcohol dating back to 1992. His last conviction was in 1999 out of Lynn District Court and in 2007 his license was suspended for 10 years as a result.The sentence was imposed immediately.