The Law Office of Brian Simoneau, P.C. — Driver’s License Suspension Lawyer in Massachusetts — Helping Clients Fight Suspensions and Convictions
Most individuals don’t realize just how important a driver’s license is to their daily lives. Unfortunately, this becomes a fast realization when a person’s driving privileges are suspended. This can leave you unable to drive to work, attend school, and even seek medical treatment. For some, losing a driver’s license even means the end of their career. However, it’s not always necessary to deal with such ramifications. Drunk driving or driver’s license suspension lawyer in Massachusetts may be able to help.
At The Law Office of Brian Simoneau, P.C., our legal team has seen what can happen when good people lose their driving rights. This can happen due to a one-time mistake, and there are some cases where a person can face license suspension even if they’ve done nothing wrong. This is why it’s so important to have legal representation. An experienced attorney can help you fight charges of operating under the influence (OUI), and if you’ve already lost your license, they may be able to help you get your driving privileges back.
Contact our law firm today to learn more.
Why Do You Need a Suspended License Attorney?
Most people know that they’re under no obligation to hire an attorney. Whether someone faces criminal charges, workplace harassment, or personal injury issues — they’re entitled to represent themselves. Unfortunately, this typically results in fewer positive outcomes. For instance, an attorney understands the best OUI defenses. Similarly, an experienced driver’s license lawyer in Massachusetts has direct experience in the reinstatement process. At The Law Office of Brian Simoneau, P.C., we represent clients in all these situations and more.
Of course, it’s not always possible to avoid a conviction or have your license reinstated. Many people see a bright light at the end of the tunnel, though, when they learn about Massachusetts hardship license options. Can’t you handle this process without an attorney? After all, the state website explaining the process says you can do this independently. While this is technically true, it’s important to remember that there is no appeal process for a denied hardship license. You only get one shot at it, so having an attorney is ideal.
Contact our Massachusetts suspended license attorney today.
How to Get Your Massachusetts Driver’s License Reinstated
If your driver’s license has been suspended in Massachusetts, there may be legal grounds to have it reinstated. Typically, this happens when a person’s suspension period expires. At that point, it’s typically as easy as paying reinstatement fees and moving on with your life. However, it’s also possible to appeal a suspended license or seek reinstatement early in some situations. The process of doing this will differ from person to person — because there are different steps depending on the underlying cause of your licensure loss.
As we’ve discussed throughout this page, having your license reinstated is not always possible. In fact, the Registry of Motor Vehicles (RMV) may sometimes not have the legal authority to overturn a suspension. Fortunately, Massachusetts law does offer some other options. For instance, you may be able to get a hardship license. This is also known as a “Cinderella license,” and it allows license holders to drive under specific circumstances to avoid job, academic, and medical hardships. A legal professional can help you understand if you qualify.
Attorney Simoneau is an authority on Massachusetts License Suspensions, Revocations, and Reinstatements. He is a co-author of “Obtaining, Losing, and Seeking Reinstatement of Driver’s Licenses,” which is the book that lawyers use to learn how to appeal license suspensions. He routinely consults with and assists other lawyers regarding Registry, Board of Appeal, and Superior Court cases. He has over 20 years of experience, and he has established himself as a statewide expert in driver’s license suspension law.
Attorney Simoneau has successfully represented clients at all levels of the legal system, including the Registry, Board of Appeal, District Court, Superior Court, the Massachusetts Appeals Court, and the Supreme Judicial Court of Massachusetts. He was selected by the Massachusetts Association of Criminal Defense Lawyers to file an amicus brief in the case of Souza v. Registrar of Motor Vehicles.
Massachusetts Registry of Motor Vehicles Hearings
For those seeking to have their license reinstated — whether they’re going it alone or have the help of a driver’s license suspension lawyer in Massachusetts — all roads lead to the RMV. The Massachusetts Registry of Motor Vehicles handles most suspensions. As such, any appeal will typically have to go through them. Not everyone is eligible to present their case to the RMV, but for those who are, the first step is to schedule a hearing. Before that hearing comes, you’ll need to gather evidence to prove your case.
Again, this process will look very different based on the circumstances of your situation. Appealing immediate threat revocations differs significantly from appealing based on inaccurate RMV information. Similarly, interactions with a hearing officer can vary enormously depending on whether a person is requesting a hardship license or appealing an unfair RMV decision. Regardless of the challenges you’re up against, a Massachusetts driver’s license suspension lawyer may be able to assist. Contact our law firm today.
When you search the term driver’s license suspension attorney in Massachusetts on Google, you’ll find an abundance of results. So, how do you know which law firm to choose? At The Law Office of Brian Simoneau, P.C., we honestly believe that our firm is best suited to handle your case. Here’s why:
Extensive Legal Experience
Brian Simoneau has decades of experience in the law. Whether you’re accused of license fraud, labeled a habitual traffic offender, convicted of OUI, or any other issue that leads to a suspended license, he has the in-depth knowledge to assist with your case. While there are certainly less-experienced attorneys out there who may be extremely good at their jobs, you won’t typically get more than one chance when it comes to license suspensions. That’s why you need a skilled lawyer on your side.
Dedicated Local Experience
Experience is a great thing to have. Extensive knowledge can go a long way when seeking full reinstatement of your driving privileges. However, it’s also important for your attorney to have local experience. Brian Simoneau has practiced law in Massachusetts since 2001. He has worked with prosecutors, investigators, judges, and other professionals during this time. These are the types of connections you want your lawyer to have.
Experience as Both a Lawyer and Police Officer
Before becoming an attorney, Brian Simoneau worked as a police officer. During that time, he investigated accidents, conducted field sobriety and blood alcohol tests, and worked closely with the DUI Detection and Field Sobriety Testing. He made numerous DUI arrests and testified in DUI trials. This knowledge makes him uniquely qualified to deal with license suspension cases. He has experience on both sides of the aisle, which can prove invaluable to your case.
Wrote the Book on Appeals
When other attorneys are learning to obtain hardship licenses and appeal license suspensions, they read the book “Obtaining, Losing, and Seeking Reinstatement of Driver’s Licenses.” Brian Simoneau did not have to read this book — because he wrote it. Along with his co-author, Attorney Simoneau documented all the knowledge necessary for other lawyers to master this area of the law.
Brian Simoneau has worked extensively throughout Massachusetts. During his time as an attorney, he’s helped many people avoid serious convictions and have their suspensions overturned at the Board of Appeals. Even more impressively, he was asked to write the amicus brief for Souza v Registrar of Motor Vehicles — a case where the state supreme court ruled the RMV had wrongly suspended thousands of drivers’ licenses for refusing breathalyzer tests.
Free Case Reviews
When dealing with legal matters — particularly those involving criminal prosecutions — many attorneys don’t meet potential clients without charging a fee. Unfortunately, this means you could end up paying money to someone who isn’t right for your case. Driver’s license suspension attorney Simoneau believes this is unfair, and that’s why our law firm offers a free case review to those who need assistance.
Can Your OUI Conviction or Plea Be Overturned?
Not everyone initially recognizes the severe consequences of having their license suspended. Only when they’re unable to get behind the wheel does the total weight of this reality settle in. At this point, many people start regretting their decision to accept a plea deal or not have an attorney at their OUI trial. Fortunately, there’s still the option for a hardship license — but if this isn’t approved, you’re likely wondering what your next step could be. Is it possible to appeal an OUI conviction or plea agreement?
In some cases, this absolutely is an option. In fact, Massachusetts drivers have more options than most. That’s thanks to a favorable outcome in a recent court case. We now know that faulty blood alcohol tests may have been used to convict over 27,000 people between 2011 and 2019. If your conviction occurred during this period, you may be eligible for a new trial based on the faulty breathalyzer test. And if your conviction isn’t in this category, Attorney Brian Simoneau still offers legal representation before the District, Superior, and Appellate courts.
Your options will depend upon the circumstances of your case, and that’s exactly why you need an extremely knowledgeable attorney on your side. That’s what you’ll find at The Law Office of Brian Simoneau, P.C.
Contact Our Driver’s License Suspension Lawyer in Massachusetts Today
Whether you’re worried about a potential suspension or you’re ready to explain your case to a hearings officer, it’s important that you understand your rights. Avoiding a conviction that can lead to a suspended license can be difficult, and in some cases, reinstating a revoked license can be complicated even if you committed no crime. This is why it’s so important to have assistance from an experienced legal professional. Driving a motor vehicle is a prerequisite for many things in life, and you deserve every opportunity to stay on the road.
At The Law Office of Brian Simoneau, P.C., our goal is to help you avoid criminal penalties and hold onto your license. We’re conveniently located in Framingham — less than 5 minutes from Cochituate Park and only a 10-minute drive from the Framingham City Council. You can also reach us from Boston Logan International (BOS) via Interstate 90 in just 30 minutes. No matter where you are in our beautiful state, our driver’s license suspension lawyer in Massachusetts is ready to assist. Contact us today by calling 508-625-5776.
A good attorney can answer all your questions regarding license suspension in Massachusetts. And since every situation is different, speaking with a lawyer is probably in your best interest. However, some general questions have straightforward answers. These include:
Can I Get Jail Time on a First-Time OUI in Massachusetts?
Massachusetts is one of the most strict states in America regarding impaired driving. As such, jail time is possible even for a first-time OUI conviction in the state. However, this typically only happens in extreme circumstances. Still, you should speak with an attorney since this is a possibility.
Is a CDL Hardship License Available for Commercial Drivers?
As every Massachusetts driver’s license suspension attorney will tell you, our state does not offer CDL hardship licenses. Even if you find the best lawyer in the state, they cannot change this fact. However, there are some options available if your commercial license is suspended. This process may not be simple, but an experienced attorney can guide you through it.
Am I Eligible for a New Trial Due to Faulty Breathalyzer Tests?
Breath alcohol tests are not infallible. If we can establish that a breathalyzer test was faulty, you may be able to avoid a conviction entirely. Additionally, a recent case showed that many OUI convictions between 2011 and 2019 were based on malfunctioning breath tests. You may be entitled to a new trial if you were convicted during this time.
Can Individuals Convicted of OUI Avoid Suspensions?
In most cases, an impaired driving conviction will result in having your license suspended. In fact, failing or refusing a breathalyzer will lead to an immediate suspension. This happens before you ever go to trial. However, it’s essential to realize that these suspensions are not permanent. In fact, it’s possible to contest them and even avoid longer suspensions.
What’s with the Significant Increase in Indefinite Immediate Threat Revocations?
Many legal professionals have noticed a stark increase in the number of indefinite immediate threat suspensions lately. There could be a variety of causes behind this increase. However, it’s not the underlying cause that matters to your case. What matters are your chances of having your license reinstated. Our law firm can help you determine how to best handle this issue.
What Happens If I Get a DUI Outside of Our State?
Thanks to the National Driver Register, there’s really no such thing as state-specific consequences. If you’re arrested for a DUI in another state, that information is immediately available to license-issuing authorities in all states. As such, you can fully expect your license to be suspended in Massachusetts until your DUI conviction requirements are fulfilled in the other state.
Should I Refuse a Chemical Test?
It’s unwise for anyone to use a blog to provide advice on taking or refusing a chemical test. The simple fact is that every case is different. The important thing to remember is that refusing a breathalyzer doesn’t come without consequences. While the refusal can’t be used to convict you, it will result in an automatically suspended license. However, an experienced Massachusetts driver’s license suspension lawyer can prove invaluable regardless of whether your license loss is due to a failed or refused breath test.
Can I Contest the Findings of a Field Sobriety Test?
Blood alcohol tests are one of the most significant tools of the state in proving impaired driving. After the recent case showing how faulty these tests can be, though, field sobriety tests will likely receive more focus. However, even these aren’t foolproof. Physical, medical, and mental health issues can all make these roadside assessments unreliable. The same is true for officer objectivity. As such, you should never fall into the trap of thinking a failed chemical or roadside test means you’re automatically guilty.