According to a report by WBZ 1030's Lana Jones, the half brother of President Obama's late father, will lose his license for 45 days, as of today after a hearing in Framingham District Court.
Oyango Obama was arrested August 2011, in Framingham, MA after a police officer claimed Obama had made a rolling stop at a stop sign. The officer alleges that this caused him to almost crashing into Obama's SUV. His blood alcohol registered 0.14, the Massachusetts state limit is 0.08.
Obama's attorney told the judge that there are sufficient facts in the case against his client. He agreed to a continuance without a finding, avoiding a plea of guilty to drunk driving and the charge will be dismissed, if he stays out of trouble for one year. He will lose his license for 45 days and pay fines and fees of $1,000.
"By admitting to sufficient facts today to operating under the influence and failure to yield at an intersection, the defendant has admitted responsibility for the essence of the crime he committed and has now been held accountable for his actions," District Attorney Gerry Leone said in a statement.
Immigration investigators became aware of Obama after the August arrest and claim he violated a 1992 order to return to Kenya. This case is still before the immigration court.
Analysis by Parker | Scheer LLP Attorney Francis T. O'Brien, Jr.:
The fact that this case involves a relative of the president is irrelevant. The defendant in this case received no "special" consideration from the court. What this case illustrates is the fact that defendants in drunk driving/OUI/DWI cases do not always wish to proceed to trial. Sometimes clients are interested in having their cases resolved quickly. Reasons vary from financial (legal fees are significantly less in cases where defendants advise us that they wish to resolve the case via some form of plea bargain, rather than proceeding to trial), to emotional (some clients simply do not like going to court and want the process to end as quickly as possible), to practical (some clients need to obtain a hardship license for work purposes as soon as possible, and hardship licenses may not be obtained during the period of time waiting for trial), to self recognition (some clients simply believe that they are guilty of the offense and want to "cut their losses"), to criminal record preservation (some clients want us to attempt to preserve their lack of a criminal record by obtaining for them a "continuance without a finding" such as the defendant Obama obtained in this case).
This case also illustrates the frequently occurring situation where a non United States citizen is a defendant in a criminal case. It is imperative that a non citizen be represented by an experienced criminal defense attorney IN CONJUNCTION WITH an experienced immigration attorney. In my opinion, although some attorneys dabble in both criminal and immigration courts, it is extremely rare that an attorney can accurately be described as an expert in both criminal and immigration law. At Parker | Scheer, we never resolve a case involving a non citizen without consulting with an immigration expert. We are affiliated with immigration experts and we are also willing to work in conjunction with our clients' own immigration attorneys.
We advise every client on the various options that are available to them. We give them candid opinions on the likelihood of achieving the result that the client wants. Ultimately, however, we respect the choice of each individual client and attempt to obtain the desired result for each client. There is no blueprint to be applied in every case. Each client and each case is different and must be treated on an individual basis.
If you or a family member has been charged with criminal activity, please contact Parker | Scheer LLP for a free consultation with one of our experienced Criminal Defense Lawyers.
Please also see Red Sox Reliever Bobby Jenks Arrested, College Student Criminal Defense Lawyer, Boston University Hockey Star Charged with Sexual Assault and "Should I Take a Breathalyzer Test?" for comments by Attorney Tofani and related Boston Criminal Defense posts.