DUI 5th Offense Dismissed Due to Late Citation

The highest court in Massachusetts just affirmed the requirement that, in general, a police officer must issue a citation at the time and place of the alleged violation and the failure to do so can result in dismissal of the charges. In the case of Commonwealth v. O’Leary, the Supreme Judicial Court recently ordered the dismissal of charges for failure to stay within marked lanes violation, driving on a revoked license which was revoked for DUI, operating after suspension, and…

0
Read More

Lifetime Breathalyzer Refusal Revocations

If you have a lifetime breathalyzer refusal suspension, the Board of Appeal will not grant you a hardship license. Your only option in this situation is to challenge the sufficiency of the Registry’s records or to get one of the prior convictions or alcohol program assignments reversed. You will likely need a lawyer to accomplish this. G.L. c. 90 Sec. 24(1)(f)(1) provides as follows: “a person previously convicted of, or assigned to a program for, 3 or more such violations…

0
Read More

Interlock Devices to have Cameras

The Ignition Interlock Department of the Massachusetts Registry of Motor Vehicles will be requiring that real time violation devices be installed later this year. These devices are capable of real time reporting of violations to the RMV by using a cellular modem. The devices also record and can report location data and speed by using Global Positioning Sensor (GPS) Technology. Devices approved for use in Massachusetts are manufactured by service providers such as Draeger Safety Diagnostics, Inc., Smart Start, Inc.,…

0
Read More

Lifetime CDL Revocation for Breathalyzer Refusal

I recently received this e-mail from a truck driver who was arrested for drunk driving in an unknown community in Massachusetts. On 3/12/12 I was arrested for an OUI. When I got to police station for the breathalyzer test, they told me that if I refused I would only lose my license for 180 days. I did have one back in 1991 they told me that it was not on my record anymore. I do have a lawyer and she…

0
Read More

Clearing a NH Suspension Triggered by a Mass. Event

When an incident in Massachusetts causes the loss of your New Hampshire driver’s license or operating privileges, you are usually provided with 30 days within which to resolve the matter, before the indefinite New Hampshire suspension / revocation takes effect. You can prevent the loss of your driver’s license by clearing the out of state requirements and presenting the notification of reinstatement from the Mass. DOT to the New Hampshire Division of Motor Vehicles prior to the effective date of…

0
Read More

New York Ignition Interlock Requirements

The New York Ignition Interlock Device Law, known as “Leandra’s Law,” became effective on August 15, 2010. This followed the interlock requirements of Melanie’s Law in Massachusetts, which became effective on January 1, 2006. Leandra’s Law, like Melanie’s Law, was enacted to enhance public safety by increasing the penalties for drunk driving. The NY IID Law requires anyone convicted of misdemeanor or felony DWI offenses under New York VTL §1192(2), (2-a) or (3), install and maintain an approved ignition interlock…

0
Read More

Alcohol Program Completion Certificates in NH DUI Cases

If you are a Massachusetts resident or driver and you are convicted of driving under the influence in the State of New Hampshire, the Massachusetts Registry of Motor Vehicles will suspend your driver’s license as a result of the NH DUI conviction. Once you have served the required suspension time and you are clear with the Department of Motor Vehicles in New Hampshire, you can be considered for a Massachusetts Hardship License. However, in order to be considered for a…

0
Read More

New Hampshire DUI Questions & Answers

I received a DUI in the State of New Hampshire in October of 2012. I am moving to Massachusetts and am looking to find out how to get my license back, so I do not lose my job. Answer: MassDOT will not issue you a Massachusetts driver’s license if your license or right to operate is under suspension or revocation in any other state. Without this requirement, drunk drivers could simply move around to avoid mandatory DUI license suspensions. In…

0
Read More

Connecticut DUI Triggers Massachusetts Suspension

Being a Massachusetts Resident or License holder and being charged with operating under the influence (OUI) or driving while intoxicated (DWI) in another state can expose the unlucky motorist to license suspension consequences in both the state where the DUI occurred and in Massachusetts. This is because the interstate compact requires motor vehicle departments across the country to notify the DMV in a driver’s home state whenever the driver is convicted of DUI or a “like offense,” meaning anything substantially…

0
Read More

DUI Dismissed & License Still Suspended

I was arrested more than a year ago for operating under the influence in Massachusetts and I refused the breathalyzer. I had previous offenses (one dismissed and one CWOF) from 30 yrs. ago. My current OUI case was dismissed in September. However, after dismissing the charges, the judge would not reinstate license. I have a hearing date with the board of appeals to try and reinstate my license Answer: Unfortunately, the Division of Insurance Board of Appeal will not help…

0
Read More