Local attorney held without bail after third OUI

MARBLEHEAD – A local attorney who has become familiar with both sides of the law will spend the weekend in jail following an arrest for operating under the influence Thursday in Marblehead.It is her third such offense in Massachusetts.Marblehead Police arrested Tracy N. Tavilla, a well-known defense attorney with a practice in downtown Lynn, at 11:22 Thursday morning after an officer alleges he saw her speeding and driving erratically around a cable installation van.When questioned by police, the officer alleges that Tavilla did not have identification and attempted to pass a false name and social security number.Sensing an odor of alcohol and claiming Tavilla was speaking with a “heavy” tongue, the officer took Tavilla into protective custody and administered a field sobriety test at the police station.Tavilla reportedly blew a .22 on a Breathalyzer test, well over twice the legal limit, and failed other portions of the field sobriety test.According to police records, along with passing a false name, Tavilla told the officer that she had not had a drink since 1 a.m. the previous night and pleaded with the officer not to arrest her because she “could go to jail for her third offense.”After spending Thursday night in the custody of Marblehead Police, Tavilla was arraigned Friday afternoon in Lynn District Court.Given her past records that, along with two previous Massachusetts cases including an OUI case that was thrown out of a Florida court and a reckless driving charge in Tennessee, Livingston agreed to hold Tavilla without bail until Monday when she will again go before the court for a probable cause hearing.The arresting officer is expected to attend that hearing.As Tavilla hid in the back corner of the courtroom, hiding her face from the press and her fellow attorneys, Tavilla’s court-appointed defense argued that the Breathalyzer test administered by Marblehead Police was inaccurate because in three tests she blew a .25 and .22 twice, indicating that the calibration could be off.Aside from her arrests for driving under the influence, Tavilla is familiar with the courts as a high profile defense attorney who has represented criminals both locally in Lynn and at the state level, most notably Carmen “Big Cheese” Dinunzio, a reputed Boston mafia boss.Tavilla’s private practice operates out of 23 Central Ave. in Lynn. Her home address and age were not immediately available from Marblehead police on Friday.If convicted of her third offense, Tavilla could lose her license for up to 10 years and face a minimum of 150 days in jail.