In professional settings and social gatherings we are all likely to be asked  what we do for work.  When I report that I am a criminal defense attorney specializing in defending persons accused of operating under the influence of alcohol, the conversation usually turns in one of two directions.  Most people want to know what their rights are when confronted with police after drinking and driving.  Others want to know how I can represent such monsters.

     This is my first blog entry and therefore I compelled to answer the second question first.  I expect that many future blog entries will detail our rights and defenses to a prosecution for operating under the influence and in fact will detail the many success stories that I have experienced in Massachusetts criminal courtrooms.  However, before I discuss such details, it is important to disclose why and how I believe that my role as a Boston OUI attonrey is as critical as any other function in our democratic system. 

     Essentially, I believe that a criminal defense attorney is the last and only protection standing between the people and the government.  Without such interference, the government would inevitably consume our civil liberties.

     I would never be described as “antiestablishment.”  However, everyday I see the government stopping cars, questioning citizens and seizing property without just cause.  I understand that law enforcement often believes that the end justifies the means if a gun is taken off the street or a drunk driver is taken off the road.  However, I also understand that with each illegal stop and search, regardless of the result, we lose a piece of the civil liberties that we continue to sacrifice lives to protect both within our borders and overseas. 

     Be clear, as a husband, father and citizen who travels the public roadways, I in no way condone impaired driving.  I believe that drinking and driving is a very real danger and my professional work has made me keenly aware of the use and abuse of alcohol throughout all segments of our society. 

     So, how and why do I represent persons accused of a crime that often times results in “carnage on our roadways?”  Well, I do it very well and with great pride.  The answer to why I do it begins with the knowledge that some people who are accused are simply not guilty.  Even the most cynical and conservative citizen knows, despite his response during jury selection, that everyone accused of a crime is not necessarily guilty.  That fact demands that an experienced Boston OUI defense attorney participate in the justice system to ensure that the accused’s rights are protected and only the truly guilty are convicted.

     What about the clients that I know are guilty?  The fact that someone struggles with addiction or otherwise made a bad choice does not translate into a loss of rights and protection under Massachusetts laws and the United States Constitution.  In fact, the only tragedy greater than the results of the accused’s behavior would be depriving the accused of his presumption of innocence, not holding the government to its burden of proof and ignoring all of the other critical rights that protect our citizens and maintain our democracy.

       Simply, each time I stand for an accused in a courtroom, whether my client is undoubtedly guilty or obviously innocent, I stand for the rights of all citizens, accused or not.  Be sure that the accused’s loss of rights at any stage of criminal proceedings is a loss of rights to all citizens.  After all, as is often stated in the OUI arena, there but for the grace of God go I.