State = Massachusetts
I was found not guilty on an oui 2nd offense by a jurty trial. The judge did not hold a formal hearing on the reinstatement of my license but refused to sign the request motion as he feels my driving would cause an immediate threat to public safety. I have been charged 4 times with oui with 1 CWOF, 2 not guilty and a dismissal obtained over the last 12 years. The last offense prior to my recent arrest occured 6 years ago. All arrests were a routine traffic stop in response to marked lanes violations with no accident. I have no other arrests or tickets on my record.
Do I have the right to challenge the judges decision on a civil matter and has anybody else been in a similiar situation after a dismissal or not guilty verdict?
The statute wording (mgl 90/24) is as follows:
.......however, that the defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 13 1/2 of chapter 265, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. In all such instances, the court shall issue written findings of fact with its decision.