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Accused drunk driver charged in fatal Plympton crash kept license during investigation

PLYMPTON, Mass. — A Kingston man pleaded not guilty Wednesday to charges he was driving drunk when he collided head-on into a car and killed a woman, according to Plymouth County District Attorney Timothy Cruz.

Justin Kilburn, 29, of Kingston, was arraigned in Brockton Superior Court. He pleaded not guilty to one count each of Motor Vehicle Manslaughter by OUI and Motor Vehicle Homicide by OUI.

Prosecutors said Kilburn crossed County Road in Plympton the evening of May 10th and collided into a car being driven by Diane Giordani of Kingston. Paramedics determined Giordani died at the scene, along with her German Shepherd. Kilburn was flown to Rhode Island Hospital to be treated for serious injuries.

An investigation by Massachusetts State Police and Plympton Police determined Kilburn was allegedly speeding at the time of the crash. The investigation found he had a blood alcohol content level of 0.17 at the time of the crash, which is more than twice the legal limit.

Plympton Police Chief Patrick Dillon told Boston 25 News alcohol was found at the scene of the crash.

Boston 25 News pulled Kilburn’s driving record on Tuesday. As of 11:53 AM on Tuesday, June 5th, 2018, Kilburn’s current driving status was active, consistent with being legally allowed to drive. Boston 25 News reached out to the Massachusetts Registry of Motor Vehicles Wednesday night to get an updated driving record. We’ve also asked why Kilburn’s license was never suspended following the crash, despite alcohol being found at the scene.

Kilburn’s driving record shows an OUI violation following a crash in Weymouth in January of 2013. His license was suspended for 45 days.

Rockland Police also cited Kilburn in August of 2012 for reckless operation of a motor vehicle and a marked lanes violation. He lost his license for a year for refusing a chemical test.

During his arraignment on Wednesday, the judge found Kilburn to be dangerous and ordered bail set at $50,000 with conditions that he wear a GPS monitoring bracelet, be confined to his home, does not drive and has no contact with the victim’s family.

Kilburn is due back in court on July 17th.

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