Author name: The Law Office of Brian Simoneau, P.C

A not guilty verdict in a DUI case does not result in the automatic reinstatement of a DUI Defendant’s license where it was suspended because of a chemical test refusal. However, after receiving a not guilty finding on an operating under the influence of liquor charge, the court does have the authority to determine whether […]

In Massachusetts, convictions for certain offenses, which have absolutely nothing to do with driving or motor vehicles will result in automatic license suspensions. Massachusetts criminal defense lawyers should be aware of these offenses and the consequences associated with pleading guilty or being convicted. All of these suspensions are automatically imposed as soon as the clerk’s

In 1982, Congress had enacted the National Driver Register Act of 1982, which was designed to create a national driver register to assist state driver license administrators in identifying problem drivers. The NDR Law was difficult to implement due to federal-state constitutional tensions and the utter lack of uniformity between states as to how offenses

In cases where a person is charged with the crime of operating after suspension, which sometimes now carries a minimum mandatory jail sentence, depending on the suspension reason, the prosecution can use Massachusetts Registry of Motor Vehicles records to prove its case. However, in order to do so, the prosecution must lay a proper foundation.

In order to be convicted of driving on a suspended license, in violation of G.L. c. 90 § 23, the prosecution must show (1) that the defendant operated a motor vehicle, (2) that at time of operation the defendant’s license was revoked or suspended, (3) that the license suspension or revocation was pursuant to violation

Some Massachusetts hardship license applicants are confused with respect to the license reinstatement fees which the Registry charges. They mistakenly believe that they will have to pay the reinstatement fees twice, once to get a hardship license and again to get a full reinstatement. This is incorrect. The Registry only charges one reinstatement fee per

When presenting a case before the Board of Appeal, it is critical to remember that, with a few narrow exceptions, under Superior Court Standing Order 1-96, ¶ 4, “no testimony or other evidence shall be presented” and a claim for judicial review “shall be resolved through a motion for judgment on the pleadings…” This means

A person is habitual traffic offender in Massachusetts when the Registry’s records show that he or she has accumulated convictions for any combination of 3 major and/or 12 minor traffic violations in any rolling 5 year period. For the purposes of determining who is a habitual traffic offender, major violations are OUI, which is also

As a result of a false license scheme uncovered by the Massachusetts State Police Compliance Unit and the Registry of Motor VehiclesAuditors, the Middlesex District Attorney’s Office reported yesterday that indictments were returned against Jaaziel Dallacosta for producing false driver’s licenses, in violation of G.L. c. 90 § 24B, (5 counts), Attempted Falsification of a