MA Reg. Motor Vehicles Board of Appeals

[shoeleatherexpress]

My question involves a driver's license issued by the State of: Massachusetts

I received my 1st dui in 1982, second in 1996 and third in March,2006. I refused the breathalyzer in 2006, the outcome at court was to treat as a 2nd dui since I never attended the 2nd offender program. I completed the program and all fees, terms of probation,treatment, etc. I am off of probation. I appealed to the board in June of 2008. they denied re-instatement as the registry is treating as a 3rd (not a 2nd as the court did). One of the members on the board told me to research to see if any of the arrests were CWOF, I researched the court house and found in fact that the 1st offense (back in 1982) was actually dismissed. My lawyer sent a certified copy of the court records to the registry, they have referred me back to the board of appeals. Due to refusing the breathalyzer, the board initially refused to hear my case until the suspension period was up for refusal ( five years for refusing on 3rd offense). In light of this new info. (1st dui actually dismissed) does this mean the board will treat the 2006 arrest as a 2nd offense as the court did? If so the chemical refusal period will be reduced from 5 to three years ( which will be next month, March of 2009 ). Please someone clear this up for me, no one seems to have a straight answer.

[bostondude]

wow....you are in a similar situation as me and it all has to do w/ the Melanie's Law provision regarding the lifetime lookback period. I am not a legal expert but I have been in front of the Board already (currently waiting to go to the Superior Court) and have seen Hearing's Officers COUNTLESS times all because my 2nd offense did not fall into the 10 year range, although the court gave me the 24D program.

After looking at your info, I can tell you two things. The registry is definitely going to treat you harshly but if the first is dismissed they should treat you as a 2nd, not a 3rd. Unfortunately, we are in a similar situation because neither of us did the 2nd offender program and that is what the REGISTRY wants, not the COURTS. Basically, you should get a firm decision on what the deal is with that dismissed case and work from there. If the Board will not see you again, take the road I am going and go the high governing body because we could not control what program they gave us at sentencing. And like I said, dont waste your time going back to the Hearing's Officers because they will tell you like they told me 3x "I can't help you, you need to go to somebody higher." and make sure you keep tabs on all your Probation paperwork etc. Best of luck

[licensegrl]

My question involves a driver's license issued by the State of: Massachusetts

I received my 1st dui in 1982, second in 1996 and third in March,2006. I refused the breathalyzer in 2006, the outcome at court was to treat as a 2nd dui since I never attended the 2nd offender program. I completed the program and all fees, terms of probation,treatment, etc. I am off of probation. I appealed to the board in June of 2008. they denied re-instatement as the registry is treating as a 3rd (not a 2nd as the court did). One of the members on the board told me to research to see if any of the arrests were CWOF, I researched the court house and found in fact that the 1st offense (back in 1982) was actually dismissed. My lawyer sent a certified copy of the court records to the registry, they have referred me back to the board of appeals. Due to refusing the breathalyzer, the board initially refused to hear my case until the suspension period was up for refusal ( five years for refusing on 3rd offense). In light of this new info. (1st dui actually dismissed) does this mean the board will treat the 2006 arrest as a 2nd offense as the court did? If so the chemical refusal period will be reduced from 5 to three years ( which will be next month, March of 2009 ). Please someone clear this up for me, no one seems to have a straight answer.

You need to look at the responses that I gave "Bostondude"; although it's pretty apparent that he fully undertood them as he has responded to you all but perfectly for someone who's not in this business. I'm impressed. In short, yes, The Registry is bound under "Melanies Law" to treat it as a 3rd. The Board of Appeals also doesn't have enough discretion in this so it really would be a waste of time. Your only hope is to get one of the other OUI's dismissed.

[licensegrl]

Just noticed what you said about the outcome of the first. It was probably initially a "CWOF". The court leads you to believe that it will automtically change to a "dismissed" after your probation. It doesn't. In Mass you have to request a court hearing to have the finding changed. They will confer with your probation officer to make sure you completed all the requirements and change the finding. Good luck.

[bostondude]

Just noticed what you said about the outcome of the first. It was probably initially a "CWOF". The court leads you to believe that it will automtically change to a "dismissed" after your probation. It doesn't. In Mass you have to request a court hearing to have the finding changed. They will confer with your probation officer to make sure you completed all the requirements and change the finding. Good luck.

hey Licensegrl, not trying to bug you but do you happen to know how the Superior Court reviews RMV cases such as these? Is it similar to the BOA in the sense where I am simply making a case to them why I need a Harship License? I really can't find any info on this site or any cases searching online....Thanks for any help

[licensegrl]

Really can't say but I do have a question now that I think of it. Were any of your offenses a "continued without a finding? If you did the alcohol program on the first, I'm guessing it was. I may have good news if that's the case. All you have to do is request a court hearing at the district court where that offense occured to have the CWOF changed to a dismissed. Once that happens, the RMV shouldn't recognize it....I'm almost 90% sure of it. Look into it before dishing out $$$$ on lawyers to battle it in Superior Court.

[licensegrl]

All they do is make sure you had no probation violations and completed your program then the finding is changed. You can look it up in Mass General Laws Chapter 90 section 24D. I have it at work stored in my "favorites" but not here at home. I can pull it up tomorrow and send it to you if you can't find it.

[bostondude]

Call me stubborn, call me crazy but I REFUSE to do a 2 week In-Treatment program. For one, I cannot afford to take that time out of work, and secondly, the Alcohol Counselor would have recommended further treatment if she deemed necessary. I firmly believe that a 12 hour license along with the Ignition Device is should be enough to satisfy the registry on my matter. I have 2 MOVING VIOLATIONS in my life at the age of 29....and I'm sure you can guess what they are. Other than that, I just want a 12 hour license and the registry wont hear from me until sometime next yr...thanks for the help

[bostondude]

By the way, were those question's about the CWOF directed at me? Both of my cases were OUI reduced to a CWOF...however like I said previously the last one happened 9 yrs and 8 months from the 1st...hence this distressing situation I am wrapped up in

[licensegrl]

Even if they were 10 years apart, with Melanie's Law and the lifetime lookback, it no longer matters.