THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING

Parents sought to regain driver's license for teen

Appeal was denied for youth now facing DUI charge in Boston pedestrian accident

Email|Print| Text size + By Michael Levenson and John R. Ellement
Globe Staff / February 26, 2008

In July, five months after his 17th birthday, Robert L. McGrath was pulled over for speeding. In accordance with Massachusetts laws, his license was suspended for 90 days, and he was ordered to attend anger management classes.

His parents protested, appealing to the state to give their son another chance by granting him his license back. An appeals board at the Registry of Motor Vehicles said no, and McGrath was forced to wait until November before he was allowed behind the wheel again.

Saturday at 2 a.m., the Brookline High School senior was again stopped by police. This time the charges were more serious. Police say McGrath was under the influence of alcohol while driving his father's 2006 Toyota Rav4 when he hit a woman walking on Commonwealth Avenue in the Back Bay. Paramedics found Samantha Keefe, 21, unconscious in the street with a cut on her head. A witness told police that the impact threw Keefe into the air. She was listed in critical but stable condition yesterday at Massachusetts General Hospital, police said.

Police arrested McGrath at the scene and brought him to the South End police station. They said they smelled alcohol on his breath and noticed that his eyes were bloodshot and that he was slurring his speech while he was at the station.

The police said he failed three field sobriety tests, and a Breathalyzer test showed he had a blood alcohol level of 0.08. Under state law, drivers under age 21 are forbidden to drive between 12:30 a.m. and 5:30 a.m. and cannot have a blood alcohol level above 0.02.

Police charged McGrath with operating under the influence resulting in serious injury and with operating a vehicle without being licensed because his license was invalid at 2 a.m. They gave his father a $35 citation for allowing an improper person to drive his car.

Suffolk County prosecutors said they are considering additional charges. Registry officials said that under the toughened drunk driving provisions of Melanie's Law, anyone who permits a person with a suspended or revoked license to operate a vehicle could face a year in jail and fines up to $500. The provision could apply to someone who allowed a junior operator to drive during forbidden hours, Registry officials said.

The teenager pleaded not guilty to the charges in Boston Municipal Court yesterday. He had posted $2,500 bail following his arrest and was ordered not to drive unless his license, which is currently suspended, is reinstated.

He must also report to a probation officer once a week and undergo random drug and alcohol testing.

McGrath's lawyer, Wayne Murphy, described McGrath's parents as medical professionals and said McGrath was a good student who was applying to colleges.

"Robbie is a nice young man from a fine family," Murphy said outside the courtroom, as McGrath stood silently next to him. "Our thoughts and prayers are with Ms. Keefe . . . wishing her a full recovery and Godspeed."

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