OUI Boston Massachusetts Lawyer License Suspension Violation Vehicle

Prior v. Pauline

Facts:

Plaintiff driver sought review of the suspension of his license by the Registrar of Motor Vehicles for the Commonwealth of Massachusetts (Commonwealth) for failure to comply with Mass Gen. Laws ch. 90, § 24 1/2. The parties filed cross-motions for judgment on the pleadings.

OUI Boston Massachusetts Lawyer

Issue:

• Whether IID requirement violated the defendant’s due process rights?

Discussions:

Under § 24 1/2, which took effect in 2006, drivers with two or more operating under the influence (OUI) convictions were required to install a Certified Ignition Interlock Device (IID) on their vehicles. Plaintiff, who had been convicted of OUI in 1990 and 1994, refused to install the device. The court rejected plaintiffs’ argument that Mass Gen. Laws ch. 90, § 24 1/2 was an ex post facto law in violation of U.S. Const. art. I, § 9 and Mass. Const. Decl. Rights art. 24. The statute’s dominant purpose was to protect public safety; thus, it was remedial. The fact that the IID requirement imposed a heavy burden upon individuals such as plaintiff did not render it punitive. Next, the court rejected plaintiff’s argument that because he had operated a motor vehicle safely for 11 years, the IID requirement violated his due process rights. The statute bore a reasonable relation to the legislature’s goal of ensuring that those who had flouted the law in the past did not threaten future injury to themselves or to others. The legislature had determined that the IID requirement applied to all individuals with two or more OUI convictions. Any changes would have to be made by the legislature.

The Gilmore & Sris Massachusetts lawyers will do their best to help you with your OUI case. Contact a Massachusetts lawyer from our firm to discuss your OUI case.

A Massachusetts lawyer from our firm will talk with you about your OUI case in Massachusetts and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have a client meeting location in Cambridge.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.