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.