The Kickham Comment - Boston Criminal Attorney Blog
This post is written to remind everyone that we are all vulnerable to someday getting into trouble with the law – even some of us that you would be least likely to suspect.
As a Dedham, Mass., DUI lawyer, let me share with you an interesting development. Right now there is a story making headlines in the Boston newspapers about the Commissioner of the Boston Police Department, Ed Davis, which illustrates my point in the above paragraph. Last week, Commissioner Davis’ 22-year-old son Phillip was arrested in Plymouth, New Hampshire, on charges of drunk driving.
At a recent event at Emmanuel College, Davis made a statement, in which he said that his son is doing well, and he thanked everyone for their concern. Among other things, he said the following: “Like many families that struggle with substance abuse, we are reaching out to experts to get Phillip the help he needs. Jane and I love our son very much and are relieved that he has decided to seek treatment.”
I empathize with the Davis’, because I have seen this happen to far too many people, of all ages. I hope that if young Mr. Davis needs help, that he gets it. I say this in view of the possibility may even be a previous DUI incident involving the young Davis. Reportedly, the Suffolk County District Attorney’s Office is looking into another incident earlier this month, in which a Boston police officer allegedly gave Phillip and his girlfriend a ride home from the TD Garden, because the officer suspected that Phillip may have been impaired and unable to drive himself home. It may be that the officer potentially wanted to spare Phillip the pain of being arrested on Boston OUI charges, requiring the services of a Boston Massachusetts drunk driving attorney. That incident is still being investigated, and the young Davis has not been charged with any crime. Even if he had been charged, I should emphasize here that like all criminal suspects, young Davis would, and should, be presumed innocent until proven otherwise.
That police officer’s action prompts the obvious question: Was that ride home for Phillip, an act of favoritism on the part of the police officer? Was it special, preferential treatment? As a Boston, Massachusetts criminal defense lawyer, I believe that it’s important for all criminal suspects to be treated on a level playing field. After all, if you were arrested for Massachusetts drunk driving, would you want to know that a police officer’s son, arrested and charged with the same criminal offense, was given preferential treatment? The police need to be very careful here and the legal system needs to handle this case with utmost precision, so that the due process is applied to all citizens.
It is still not clear what Phillip’s Blood Alcohol Content was at the time of his arrest – and, as I said above, he should be presumed innocent at this time. But the limit in Massachusetts is a BAC of .08 or higher. For Massachusetts drivers under 21 years old, the BAC limit is .02 or higher.
If you are stopped by the police, perform a Breathalyzer test, and your breath registers a blood alcohol content that is higher than .08, you will be arrested and charged with drunk driving. Then you will be subject to Massachusetts OUI/DUI laws and penalties, which can be severe. Since this is anything but a pleasant experience, remember: If you plan on having more than one drink, do NOT drive. If you do, you run the risk of hurting an innocent person, and you yourself will need the services of a Massachusetts OUI attorney.