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This article was published 13 year(s) and 7 month(s) ago

No bail for man arrested for 8th OUI

Taylor Provost

December 1, 2011 by Taylor Provost

CHELSEA – A Chelsea District Court judge ordered a man facing his eighth drunken driving charge to be held without bail for 90 days on Tuesday after the judge determined he was a danger to the public.State Police arrested Albert Diaz, 52, of East Boston, on Nov. 23 after they spotted his vehicle weaving on Route 1 in Revere and soon discovered his criminal history, according to police reports.?There is clear and convincing evidence that (he) is a danger to any other person in the commonwealth,” Judge William J. Riley told the court.Police pulled his car over in front of Chelsea High School and later discovered his license has been “suspended for life,” because of numerous operating-under-the-influence convictions, according to court documents.The District Attorney?s Office is seeking to indict Diaz, in which case the matter would be dismissed in District Court and go to the Superior Court. Diaz?s pre-trial date is set for Dec. 21.Handcuffed and wearing a bright blue fleece jacket, Diaz sat in the partition throughout the testimony and gestured to his family, mouthing the words, “I will see you tomorrow,” over and over.The commonwealth brought forth two Massachusetts state troopers, including arresting officer Patrick Candeliere, to testify against Diaz.Candeliere, a trooper since April 2006, recalled the night of Nov. 23, when he observed a Hyundai sedan, reportedly driven by Diaz, driving erratically along his patrol route in Revere, weaving through traffic and traveling more than 70 mph in a right lane.Candeliere then described how he saw the Hyundai careen from the middle lane of Route 1 through the right lane and onto the Carter Street ramp, forcing another sedan to brake heavily to avoid a collision. After observing the Hyundai rolling through a stop sign, Candeliere turned on his lights and sirens and directed the vehicle to stop.Candeliere testified that he saw Diaz in the driver seat and that he emitted a strong odor of alcohol. He completed one voluntary sobriety test and began another before refusing to do any more, Candeliere said. Upon arresting Diaz and transporting him to the Revere Police Barracks, Candeliere discovered that his license had been suspended for life since Nov. 20, 2004.Sgt. Kevin Emmett, a 23-year veteran of the Massachusetts State Police, testified that he had been the midshift supervisor at the barracks on the night of Diaz?s arrest and also stated that Diaz had been visibly intoxicated.Diaz?s attorney, Ronald H. Wayland, repeatedly stated that Diaz had not been driving the car for a long distance, and was merely trying to help the car?s owner, a female passenger in the front seat at the time of the arrest, due to a mechanical problem with the Hyundai.?He was just trying to help the owner of the vehicle out,” Wayland said in his closing argument. “I would ask the court to take note of the fact that it has been since 2004 that he was charged and convicted with an OUI.”The lawyer representing the commonwealth countered that Diaz had been incarcerated for two-and-a-half years during that seven-year period, and that he has been charged with driving a vehicle without a license twice in New Hampshire, in 2008 and 2009.?Clearly he represents a danger to other people,” the lawyer said. Ultimately, the court agreed.Diaz?s loved ones, visibly disappointed by the decision, declined to comment.Taylor Provost can be reached at [email protected].

  • Taylor Provost
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