OUI Quincy Massachusetts Lawyer Suspension License

Peter John v. Commonwealth

Facts:

After plaintiff licensee’s third conviction of operating a motor vehicle while under the influence of an intoxicating liquor (OUI), the Massachusetts Registrar of Motor Vehicles revoked his license to operate a motor vehicle in Massachusetts for eight years. Plaintiff argued that his most recent OUI conviction, for which he alleged to have received a 45-day license suspension, had to be the “final decision” since both of his prior OUI convictions occurred over 20 years ago. He appealed; the Massachusetts Board of Appeal on Motor Vehicle Liability Policies and Bonds affirmed. He sought judicial review and moved for judgment on the pleadings.

OUI Quincy Massachusetts Lawyer

Issue:

• Whether the Massachusetts Registrar of Motor Vehicles properly revoked the defendant’s license to operate a motor vehicle in Massachusetts for eight years?

Discussion:

Under Mass. Gen. Laws ch. 90, § 24(1)(c)(3), the Registrar was prohibited from restoring the license of a third-time OUI offender such as plaintiff until eight years after the date of conviction. As plaintiff did not have a single prior OUI conviction more than 10 years before receiving his most recent conviction, Mass. Gen. Laws ch. 90, § 24D, which provided for a suspension of between 45 and 90 days, did not apply. According, the Board did not err in applying § 24, as opposed to § 24D, when it affirmed the Registrar’s decision to suspend plaintiff’s license for eight years. Plaintiff’s motion was denied and the Board’s decision was affirmed

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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.

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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.