The driver of a car that crashed into a tree on Hurlburt Road in Great Barrington early Monday had apparently been drinking hard seltzer and had taken allergy medication before the crash that seriously injured his friend.

When the Fire Department arrived, Gutierrez was extricated from the car and airlifted to Baystate Medical Center in Springfield, where he remains in the intensive care unit but is showing hopeful signs of recovery.

Badurski told police he drank about two hard seltzers around 9 p.m.; police found four empty cans of hard seltzer in the car. He also said he had smoked marijuana earlier in the day and Badurski Attorney noted that Badurski's allergy medication, taken some time that day, might have affected his reaction to the hard cider he admitted to drinking.

The Berkshire Eagle reports that the 19-year-old Benjamin Badurski was arraigned in Southern Berkshire District Court on Thursday on OUI and other charges. Badurski says he believes he fell asleep at the wheel.

Judge William Rota ordered Badurski not to drive and set a pretrial hearing for Oct. 22. He was released on $500 bail. The accident is under investigation by the state police accident reconstruction and crime scene units.

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From the Great Barrington Police Dept Facebook Page:

On Monday 9/21/2020 at approximately 0113 hours Officer Bradley Lupiani was on routine patrol on Hurburt Rd when he came across a single car motor vehicle accident. The vehicle was traveling south bound on Hurburt Rd when the driver lost control and crashed into a tree on the east side of the roadway.

The driver was able get out of the vehicle with no injuries. The passenger was entrapped in the vehicle with serious injuries.
The Great Barrington Fire Department along with the medical team from Southern Berkshire Ambulance Squad were able to extricate the passenger and treat him until the Life Flight Helicopter was able to transport him to the trauma center at Bay State Medical. Massachusetts State Police Accident Reconstruction Unit, Massachusetts State Police Crime Scene members, along with an Assistant District Attorney from the Berkshire County’s Direct Attorney’s Office assisted at the scene. Egremont Police Department assisted with traffic.

The operator was arrest for O.U.I. alcohol with serious injury, negligent operation, Marked lanes, and speeding.

The operator was released on $500.00 cash bail for an appearance at Southern Berkshire District Court on September, 24th, 2020. No update on the condition of the passenger at this time.

Operator:
BENJAMIN MICHAEL BADURSKI 19 year old from
Great Barrington
Passenger:

RAPHAEL ORLANDO GUTIERREZ 20 year old from
Great Barrington