Client had lost her driver’s license for 5 years as a result of a refusal to submit to a chemical test on a second OUI Offense. Our office appealed the decision to RMV Board of Appeals and took the position that because the first OUI resulted in a continuance without a finding and not a guilty finding that the client had only one prior conviction for purpose of her license suspension and that therefore her license loss should for 2 ½ years and not 5 years. The Board denied the request and upheld the 5 year licensee loss. Our firm then brought an action against the Registry of Motor Vehicles (“RMV”) in Superior Court. After a hearing, wherein the RMV was represented by the Massachusetts Office of the Attorney General, the Court overturned the RMV decision and issued a JUDGMENT for our client, remanded the case back to the Board and ordered them to reinstate the client’s driver’s license.
Created:February 17, 2014