Chief's Corner

More asportation clarification

By Chief Steven J. Wojnar
Dudley Police Department

            The reading of police logs continues to result in questions for this column.  Recently, I was once again asked about the charge of shoplifting.  The person wondered what it meant to be charged with shoplifting by “asportation.”  She asked for some clarification on this issue.
           

Shoplifting, under Massachusetts General Laws Chapter 266 Section 30A, contains a number of ways a person can commit a violation.  Asportation is one of these terms and it is contained in the first section of this law.  It is defined by Webster's Dictionary as "The act of carrying a thing away; the removing of a thing from one place to another."  This is the common offense which most people associate with shoplifting.  The definition can be rather complex, however; it generally involves intentionally taking possession of an item and carrying it away from the place in which it is stored.  The most common example of this is when a person goes into a store, takes an item, and leaves without paying for it.  The shoplifting statute does contain many other charges as well.  They include concealment, altering merchandise, label switching, and more.  The mere act of taking an item and placing it in your pocket, without leaving the store, could possibly be considered as shoplifting.  If you take the price tag off one item and place it on another, it can also qualify as a violation under this section. 
           

Shoplifting cost the retail industry billions of dollars each year and the losses are passed on to the paying customers.  Penalties can include a fine or jail time, depending on the value of the item.  Police officers also have a statutory right of arrest for this charge without a warrant.

Thanks again for your questions and comments.  Please send them to me at the Dudley Police Department 71 West Main St. Dudley, Ma. 01571 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.  

 

Hunting safety

By Chief Steven J. Wojnar
Dudley Police Department

Deer hunting season is just around the corner.  Since firearms and other weapons are used in this process, the risk of accidents and injuries is always present.  I was asked to provide a few safety tips for people to observe at this time.

First and foremost, protect yourself while out in the woods.  Wear the proper clothing.  This includes the appropriate material for the weather (rain, cold, etc.) and the proper reflective items.  This can protect you from hypothermia and allow you the best opportunity to be seen by other hunters.  Always wear the appropriate eye and hearing protection.  Guns are loud when fired and injuries from misfires are always a possibility.  Appropriate protective measures can save you from serious, long term injuries.

Avoid hunting alone whenever possible.  If for some reason you will be alone, it is important to advise someone of where you will be and when you are expected to return.  This will provide people the opportunity to locate you in the event there is a problem. It is also vitally important to avoid using alcohol or drugs before or during hunting.  This will impair your judgment and can contribute to accidents and injuries.

As for the firearms, they must be treated with the appropriate respect for their dangerous nature.  People should take a safety course and receive the appropriate training for the weapons they use.  Be certain firearms are in good condition and proper working order.  Proper maintenance is important with firearms.  In addition, hunters, and all gun users, must assume firearms are loaded at all times.  They should be pointed down or away from others.  Fingers should be off the triggers until such time as they will be shot.

When the time comes to fire your weapon, be certain of your target.  When a gun is fired, the bullet cannot be recalled in the event it is sent in the wrong direction.  It will hit what ever (or whomever) is in its path.  If you are out in the woods and hunting, there is a strong likelihood others are there as well.  Many accidents have occurred in the past. These unfortunately seem to take place all too often.  Observing the proper behaviors and using the best equipment at all times will limit the potential for these accidents and injuries.  Please do your part to make this season safe for everyone.

Thanks again for your questions and comments.  Please send them to me at the Dudley Police Department 71 West Main St. Dudley, Ma. 01571 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.

 

Minor discrepancies

By Chief Steven J. Wojnar
Dudley Police Department

A question about “minors” was asked of me recently.  Generally once a person attains the age of 18, they are considered an adult.  The name of a suspect appeared in a newspaper and this person was only 17.  The person asking the question wondered why individuals who are not yet 18 can be charged with criminal offenses as adults.  I was asked to clarify this issue and address why there can be a discrepancy in some cases.

The answer to this question, in terms of here in Massachusetts, is not totally clear.  Minors in most cases are defined as anyone under age 18.  However; when it comes to criminal matters, a person who has reached the age of 17 is considered an adult.  They are subject to adult penalties and face trial in the main court system.  For a person to face juvenile charges, the ages of 7 up to 17 are used as a guide.  Certain juveniles can be tried as adults in some criminal cases if their matters are determined to warrant such action.  In these circumstances, the District Attorney will petition the court for a case to be heard in the adult session and judges will make the final determination.

Appropriate ages for certain events can vary depending on the situation.  People can drive at age 16 with a learner’s permit, and obtain a drivers license at age sixteen and one half.  Children can also legally leave school at age 16, though they are still technically “minors” for most civil process until age 18.

As you can see, this is a strange situation with many definitions.  Treatments and punishments can vary depending on a variety of circumstances.  Most matters are taken on a case by case basis to determine exactly where the case fits and what the most appropriate remedy is under the circumstances.

I wish to thank everyone who attended the retirement party for Sergeant Pamela Daniels on Friday, September 21st.  A nice event was held at Point Breeze in Webster and a large crowd was on hand to officially send Pam off to her retirement.  The entire department thanks her for her many years of dedicated service to the Town of Dudley and wishes her all the best for a long, happy, and healthy retirement.

Thanks again for your questions and comments.  Please send them to me at the Dudley Police Department 71 West Main St. Dudley, Ma. 01571 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.

 

Funeral rights of passage

By Chief Steven J. Wojnar
Dudley Police Department

I was asked to advise people of the regulations relating to funeral processions.  I have written about this subject previously, however; it is always beneficial to remind people of these activities.  Drivers who are not part of the funeral will quite frequently ignore the rules relative to these processions by “cutting” into or across the line.  I was asked to clarify the laws and etiquette drivers should observe at these times.

Funerals have the right of way while traveling on the roads.  They are given special privileges as well.  Only the first vehicle in line is required to stop at a red signal or stop sign.  The others following are not required to stop.  Massachusetts General Laws Chapter 272 Section 42 prohibits anyone from willfully interrupting “by driving fast or otherwise in any way disturbing a funeral assembly or procession.”  Punishments include fines or a jail sentence of up to one month.

Most funeral parlors provide some form of signage for participants to advise fellow motorist of the procession.  Vehicles can use their headlights and/or hazard lights to provide additional warning.  Drivers should be observant of traffic and pay particular attention to the possibility of a funeral passing by.  These processions are not everyday occurrences through our town.   They are generally short in duration and occur during daytime hours.  Waiting for a few moments is the lawful thing to do.   It is also a final token of respect for the deceased individual being brought to their final resting place.

On Friday, September 14th, I had the opportunity to participate in the Day of Caring, sponsored by the United Way of Webster and Dudley.  This is a national program which involves citizens assisting with community projects as a way of giving back and improving our neighborhoods.  Numerous places in Webster and Dudley received attention.  The project I assisted with took place at Dudley Elementary School on School Street.  I had the pleasure of working along side a group of Mapfre USA (Commerce) Insurance employees.  Our project included landscaping and window cleaning at the school.  Everyone worked very hard and a great deal was accomplished.  I thank everyone who participated in this day.   Everyone’s efforts greatly assisted both communities.

Thanks again for your questions and comments.  Please send them to me at the Dudley Police Department 71 West Main St. Dudley, Ma. 01571 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.

 

Is towing doubly legal?

By Chief Steven J. Wojnar
Dudley Police Department

An interesting question was posed to me recently by a town resident.  The person inquired about the towing of trailers and boats on the roads.  They were aware of one situation where a pickup truck was towing a travel trailer and a boat at the same time.  The boat was attached behind the trailer as it was proceeding along the highway.  Since many of us have seen tractor trailer units legally hauling 2 trailers at one time, I was asked if towing double recreational vehicles in this manner was legal.

Generally when operators drive vehicles over a certain weight, carry large numbers of passengers, or haul commercial trailers, they are required to have what is know as a CDL or Commercial Driver’s License.  This license will be specific for the type of vehicles they operate or the cargo they carry.  These licenses also have what are known as endorsements, which will allow the driver to perform specific functions.  For example, a person who drives a bus will have a specific license endorsement for the transportation of passengers.

In the case of towing vehicles, most regularly licensed operators are allowed to tow recreational vehicles one at a time.  For example, if you have a travel trailer for camping, the laws generally allow this to occur.  The unique situation described above is a bit different.  Although, most recreational vehicles can be towed by anyone, the towing of two trailers at one time is prohibited in most cases.  The driver would need a special endorsement on their license allowing for what are commonly referred to as “triples.”  This will include the vehicle and two trailers behind.  These vehicles can often be banned from many areas and could be only allowed on certain limited access highways.  Bottom line in this case is if the driver does not have the proper license endorsement, the towing of two trailers is not allowed.

The laws governing this type of activity are in place for safety reasons.  The driver must be extremely skilled and would need the appropriate license.  Towing two trailers at once covers a great distance and backing up is very difficult.  Should the driver need to take evasive action for some reason, the risk of overturning increases greatly. The possibility of accidents and injuries is high.  If you would ever consider something such as this, please think again.  Traveling safely is best for everyone.

My son and I had the occasion to walk in the Boston Marathon Jimmy Fund Walk held Sunday, September 9th in Boston. Numerous police chiefs from across the state, including many from the surrounding area, and hundreds of other supporters walked the final three miles to the Marathon finish line.  We walked along side young people battling cancer, their families, friends, and supporters. The Jimmy Fund is the main charity of the Massachusetts Chiefs of Police Association.  Our fund raising efforts are still under way.  Dudley Park and Shop has once again graciously agreed to place the coin canisters at their registers.  These will be in place for a little while longer and your donations are greatly appreciated.  I wish to thank the Pappas family and Dudley Park and Shop, as well as the many generous people who have contributed to this cause.  We are hoping to raise as much money as possible to help make cancer a thing of the past.

Thanks again for your questions and comments.  Please send them to me at the Dudley Police Department 71 West Main St., Dudley, Ma. 01571 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Also, feel free to visit our web site at www.dudleypolice.com.  Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.

 

Safety for our kids on buses

With school back in session, I was asked to remind everyone of the laws surrounding school buses.

These vehicles transport hundreds of children each day. Safety is a great concern while these vehicles are on the road.

The law covering school bus violations is contained in Massachusetts General Laws Chapter 90 Section 14. Drivers are required to come to a full stop when these vehicles have red lights flashing and children are entering or exiting the bus. A first offense penalty for a violation carries a $250 fine. Subsequent offenses can range from $500 to $2,000 and can also include a license suspension for a minimum of 6 months. Drivers must also keep their vehicles at least 100 feet behind a school bus. Buses are required to have the words "keep back 100 feet" prominently displayed on the rear of the bus.

It is important to be aware of the presence of children approaching or leaving buses. They may be rushing around and not paying particular attention to their surroundings. This is especially true in the first few weeks of the school year, as children and parents become acclimated with their particular situation. In addition, buses will make frequent stops, particularly when transporting the elementary school children. As drivers, take the time to pay extra attention for potential hazards and always exercise patience.

On behalf of everyone at the Dudley Police Department, I wish you all a happy and safe new school year.

Thanks again for your questions and comments. Please send them to me at the Dudley Police Department 71 West Main St. Dudley, Ma. 01571 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.

 

Texting while on skateboard not a good idea‏

By Chief Steven J. Wojnar
Dudley Police Department

The topic of using local streets for recreation was brought up to me recently.  The person had a particular issue with someone riding a skateboard on the roadway.  Although this may not be unusual, the main concern was the rider appeared to be texting while traveling down the street.  This is something I had not witnessed before.  I was asked if there were any laws prohibiting this activity and to address the dangers associated with this behavior.

Streets are designed primarily for use by motor vehicles.  Pedestrians, bicycles, skateboards, and other means of travel are generally restricted to the road sides, sidewalks, and/or other authorized areas.  If people using the streets engage in activities which are dangerous, accidents and serious injuries can result.  Although I could not locate a specific law prohibiting texting while skateboarding, Dudley By-law Article 8 Section 5 prohibits various activities on Town streets.  It states in part, “No person or persons shall in any of the public ways of the town throw stones, snowballs, sticks or other missiles, or kick a football or play at any game in which a ball is used, or engage in any other game or exercise, interfering with free, safe and convenient use of said street or highway by any persons traveling or passing along the same.”  Based on this, any act which disrupts traffic flow is not allowed.  Certainly a person who is texting while riding a skateboard has a greater risk of falling, swerving, etc. which can result in a direct disruption of the flow of traffic.

The overall consideration in this situation is using common sense.  Texting while driving a car has been prohibited to limit distractions.  This same philosophy can certainly apply to other activities.  It is difficult enough for a person riding a skateboard to avoid hitting a rock, hole, or other impediment in the roadway.  When you add the additional issue of texting, the risk of something happening would most likely double.

Texting while riding on a skateboard should be avoided at all times, not only while on the street.  Using the roads for “games” must be avoided.  Accidents or injuries can occur at any time when there is this unsafe mix of people and cars.  Please make every effort to prevent these from occurring by avoiding dangerous activities and limiting your distractions.

Thanks again for your questions and comments.  Please send them to me at the Dudley Police Department 71 West Main St. Dudley, Ma. 01571 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.

 

BB gun rules and regulations

By Chief Steven J. Wojnar
Dudley Police Department

I recently received a question surrounding the use of BB Guns or air rifles. The person wanted to know the rules and regulations surrounding the possession of these weapons.  They also were seeking information on some of the consequences if these are used improperly; particularly involving the killing of small animals for sport.  I was asked to provide some information on this subject.

The air rifle or BB gun rules are contained in Massachusetts General Laws Chapter 269 Section 12B.   Generally, a minor under the age of 18 must be accompanied by an adult, or have a firearms license issued to them, in order to posses or use these weapons.  People over the age of 18 do not require any type of permit.  When using these weapons, all people are prohibited from discharging “a BB shot, pellet or other object … from or across any street, alley, public way or railroad or railway right of way.”  The penalty for violation of this section carries up to a $100 fine and confiscation of the weapon.  Other charges may also apply if someone is injured or property damage occurs.  These can include separate assault or destruction of property offenses.

Harassing or injuring wildlife is another issue altogether.  Under certain circumstances, property owners or farmers are allowed to kill animals which are damaging crops, property, or harming livestock.  In cases where people kill small animals for “sport,” the penalties can be much more severe.  A number of offenses under Chapter 131 of the General Laws apply.  Depending on the exact circumstances, a person could be subject to illegal hunting violations, harassing or harming of wildlife, or cruelty to animal offenses.  Violations of these laws carry significant fines and / or possible jail time.  Violators are also subject to arrest.  It is not only against the law, it is cruel to harm or kill animals without any legitimate purpose.

It is important to remember to use these and all weapons responsibly.  Many accidents and injuries can occur.  Pellets, BB’s, and bullets cannot be recalled once they are fired.  They will hit whatever or whomever are in their way.  Please remember to exercise the proper caution while using these guns.

I wish to take a moment to congratulate Dudley Police Sergeant Pamela Daniels on the occasion of her retirement this past week after over 34 years of service to the Town.  She began her duties back in 1978 as a part-time officer and dispatcher.  She also became the first full time female police officer in Town.  She finished her career after serving nearly 10 years as Sergeant.  Pam performed numerous duties with the department over the years and her contributions were greatly appreciated.  Everyone at the department wishes her the very best for a long, happy, and healthy retirement.

Thanks again for your questions and comments.  Please send them to me at the Dudley Police Department 71 West Main St., Dudley, Ma. 01571 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.

 

Old green license plates are legal

By Chief Steven J. Wojnar
Dudley Police Department

Several people have approached me recently with questions regarding the single green numbered plates for vehicles in Massachusetts.  I was asked if they are still “allowed” to be used and if people are required to exchange these for newer plates.  I was asked to provide some information regarding the status of these plates.

For background purposes, white number plates with green characters were issued by the Massachusetts Registry as single plates for a period of time many years ago.  Currently, new vehicle registrations call for vehicles to be issued two white plates with red characters.  Some people had been told they need to replace or exchange these older style plates for the new type in order to be legal to drive on the road.   When I checked with the Registry about this matter, I was told the green and white plates DO NOT need to be exchanged simply for the purpose of replacing them with new ones. Vehicles with the green and white single plate are allowed to be used at this time and until further notice.  The plan is to phase these single license plates out over time.  The Registry has determined a method to replace these older plates with the new red & white Massachusetts plates.  When green and white plates are lost, stolen, damaged, cancelled, suspended, revoked, illegible, or turned in for other reasons, they will simply not re-issue the green and white plate.   Should any of these situations occur, there is a procedure in place where the old plate can be replaced with two new red and white plates at no charge.

If you are one of the few who still have these single green plates and wish to retain them, be sure they are in good condition.  According to Massachusetts General Laws Chapter 90 Section 6, “Number plates shall be kept clean with the numbers legible and shall not be obscured in any manner…, and during the period when the vehicle or trailer is required to display lights the rear register number shall be illuminated so as to be plainly visible at a distance of sixty feet.” At the time of your annual vehicle inspection, if your number plate meets the criteria of being in satisfactory condition, you should be allowed to use them until further notice without any problems or restrictions.

Thanks again for your questions and comments.  Please send them to me at the Dudley Police Department 71 West Main St. Dudley, Ma. 01571 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.



License renewal reminders

This past week, I was asked the question by a few people, "How soon can I renew my driver’s license?" Since the Registry does not send out reminder notices via the regular mail, some people may want to renew their license when they have it on their mind. I was asked to provide some information on this issue. I also want to remind people to periodically check their license expiration date.

Several years ago, the Registry stopped sending license expiration reminders through the mail to drivers. This was mostly due to the cost to complete this process. This did create problems for many people who missed their license expiration date. All licenses will expire on your birthday on a given year. People have several options for renewing their license. It can be done at any Registry Office (or any other Registry authorized location) as well as on-line. A person can renew their license at any time within one year of expiration. This enables people to take care of this at a time when it is convenient for them.

Even though the standard mail license reminders are still not available, to the best of my knowledge, you can arrange to be notified by E-mail, phone, or text message. Information on this service can be found by logging on to the Registry web site at www.massdot.state.ma.us/rmv/, or at any RMV branch.

If you are not part of a reminder program, try to remember to check your license some time before your birthday. If you check this periodically, you have a good chance of remembering to renew it. Since you have up to one year prior to expiration to do this, you should be able to address this subject before it becomes a problem.

Thanks Joshua Place for hospitality

Thanks to the residents of Joshua Place for their hospitality during my recent visit. I met with the folks there on Friday, July 27th and a nice crowd was on hand. As is usually the case during these visits, I enjoyed the conversation, learned a great deal, and had a good time with everyone.

 

Thanks again for your questions and comments. Please send them to me at the Dudley Police Department 71 West Main St., Dudley, Ma. 01571 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.

 

 

Want More Local News?

Get your local news delivered to your doorstep for less than $1 per week. Find yourself, your friends and your neighbors within our pages. Simply select your subscription plan and pay securely via PayPal. We'll bring the news and local buzz right to you!

Regular Subscription: $38

Senior Citizen Subscription: $34

Out of State Subscription: $48