A Marshfield man faces his fifth drunk driving charge as well as a felony kidnapping charge after a woman accused him of holding her in his van against her will. According to an Oct. 13 article in the Marshfield Mariner, Tilden Davis, 66, is accused of those crimes in addition to driving with an open container of alcohol and illegal possession of prescription drugs. The arrest came after an unnamed woman fled the van Davis was driving, which was flooded when it drove into a rising tide near Trouants Island at around 4:15 in the morning. The unnamed woman, described as middle-aged, said she had been “partying all night” with a man calling himself “Butch,” but that he wouldn’t let her get out of the van. When the van became stuck, she jumped out and called 911.
When police arrived, they observed signs of intoxication in Davis, including slurred speech and trouble standing. In the van, they found an open can of beer as well as a bottle of blackberry brandy and miscellaneous prescription drugs. The drugs included medications for high blood pressure and high cholesterol as well as Cilostazol, which relieves muscle pain. The arrest was the fifth OUI charge for Davis, although a police spokesman said his last OUI conviction was 20 years ago. He was held overnight in jail and released on personal recognizance.
As a Massachusetts DUI defense attorney, I believe this case calls attention to the important but overlooked fact that prior OUI convictions never come off your record in Massachusetts. In other states, a previous drunk driving charge may “expire” five or ten years later, but here, it doesn’t matter whether the last conviction was this year or 30 years ago. This situation could, in many instances be considered unfair to defendants whose last conviction was so long ago that many children born afterward are now college students. If convicted of this newest OUI, Davis faces a mandatory two-year prison sentence, the lifetime loss of his driver’s license and thousands of dollars in fines. This doesn’t count the penalties he may face from the other charges. An experienced Massachusetts drunk driving defense lawyer can sometimes successfully challenge prior convictions. That, and mounting a strong defense, might be the best option for Davis .
If you are charged with driving under the influence in Massachusetts, the Law Offices of Stephen Neyman can help. DUI defense lawyer Stephen Neyman represents people in greater Boston and throughout Eastern Massachusetts who need to mount a strong defense or negotiate fair penalties in DUI cases. For an initial consultation, please contact our office at (617) 273-6800 today or contact us through our Web site.