OUI Dukes Massachusetts License Revocation Evidence Lawyer

Commonwealth v. Prince

Facts:

A grand jury returned two indictments charging defendant with a subsequent operating under the influence (OIS) offense pursuant to Mass. Gen. Laws ch. 90, § 24(1)(a)(1), and operating his motor vehicle after the suspension of his license for OUI, pursuant to Mass. Gen. Laws ch. 90, § 23. Defendant filed a motion to dismiss the latter indictment. The Norfolk Superior Court (Massachusetts) granted the motion. The Commonwealth appealed.

OUI Dukes Massachusetts License Revocation Evidence Lawyer

Issue:

• Whether Commonwealth presented sufficient evidence to support the offense charged?

Discussions:

Defendant had his licensed suspended after being convicted of operating a motor vehicle while under the influence of alcohol. The Registry of Motor Vehicles issued defendant a hardship license, which restricted the hours during which defendant could operate a motor vehicle to between 8:00 a.m. and 8:00 p.m. When defendant was stopped at 11:40 p.m., the officer detected an odor of alcohol on defendant’s breath. The trial judge dismissed the indictment after concluding that defendant could not be indicted for a violation of Mass. Gen. Laws ch. 90, § 23, because the registry had issued defendant a new license. The appellate court concluded that the trial judge properly dismissed the indictment because the Commonwealth could not have presented sufficient evidence to support the offense charged. The appellate court noted that a hardship license was described in Mass. Gen. Laws ch. 90, § 24(1)(c)(3), as “a new license” subject to certain restrictions. Thus, because a violation of Mass. Gen. Laws ch. 90, § 23 required that defendant not have been issued a new license, the Commonwealth could not prove its case.

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.

Article written by A Sris

Click to Chat

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