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Driver in Brady case was never charged with drunken driving, prosecutors say

Print | Comments () Posted by John Ellement September 10, 2010 04:56 PM

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By Milton J. Valencia and John R. Ellement, Globe Staff

The man blamed by Boston police for causing the crash with star athlete Tom Brady does have an extensive history of traffic violations – but drunken driving is not one of them, the Globe learned this afternoon.

(Splash News)

The accident scene

Someone arrested for allegedly driving drunk in New Bedford in November 2009 told police his name was Ludgero Rodrigues and gave the same date of birth for the 21-year-old Rodrigues, a spokesman for Bristol District Attorney C. Samuel Sutter said today.

But “Ludgero Rodrigues was not the guy who was arrested in November 2009,'' Sutter spokesman Gregg Miliote told the Globe in a telephone interview.

In today's editions, the Globe reported that "according to Registry of Motor Vehicles records, the driver of the minivan has a lengthy driving record, including a charge of drunken driving after a November 2009 crash in New Bedford. He was never found criminally responsible.''

Today, Miliote said the man who identified himself as Rodrigues, was arraigned in New Bedford District Court as Rodrigues and was released on personal recognizance as Rodrigues.

But that person stopped impersonating Rodrigues once he left the courthouse. Last February, Miliote said, the real Rodrigues was notified that he was wanted for missing court hearings on the drunken driving charge and that an arrest warrant had been issued for him.

Miliote said the real Rodrigues met with prosecutors, produced his driver's license, and convincingly showed he was not the man arrested for drunken driving.

“Obviously, in the interest of justice, we dropped the case,'' Miliote said today.

Miliote said that Rodrigues has filed the paperwork to have the case expunged from his record, but that the court system has not yet completed its work.

According to the Registry of Motor Vehicles, Rodriques's right to drive has been suspended five times since 2006 when he first got his license. RMV spokeswoman Ann Dufresne called Rodrigues's driving history "egregious,'' but said the incidents he was found to be responsible for generally did not fall into the category of dangerous driving.

Instead, RMV records show, Rodrigues was cited repeatedly for not wearing a seat belt himself, or for having children in the car he was driving who were not properly secured. He was also cited for improper equipment and for not having an inspection sticker.

Dufresne said that Rodriques did have his right to drive suspended after the RMV was notified the Rodrigues arrested by New Bedford police refused a chemical breath test.

She said said today that Rodrigues can have that entry removed from his RMV record provided he shows proof from prosecutors that he has been cleared of the charge.