OUI License Massachusetts Lifetime Revocation Hardship Lawyers Suffolk County
Theodore v. Board of Appeal
Plaintiff driver filed a complaint for judicial review of the lifetime revocation of his driver’s license. The Suffolk Superior Court Department (Massachusetts) denied his motion for judgment on the pleadings, affirmed the registrar’s decision to revoke his license, and remanded the issue of the issuance of a hardship license to the Board of Appeal on Motor Vehicle Liability Policies and Bonds.
- Whether the driver could be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on hardship grounds?
The Board appealed the judgment insofar as it remanded the case. The appellate court held that the look-back period of 10 years had been eliminated. Thus, all four of the driver’s previous operating under the influence (OUI) convictions were considered, even though there had been 30 years between the fourth and fifth convictions. A fifth OUI offense required a permanent revocation. The registrar could not grant the driver a hearing to request a new license on hardship grounds. While the driver stated a need to drive to work and to job sites, the Board did not purport to rule on the issue. Mass. Gen. Laws ch. 90, § 24(1)(c)(3 3/4) was silent on a new license for employment or education purposes, and no decision of the registrar on a hardship license was before the Board. The decision on appeal superseded the registrar’s decision and was the Board’s final action. The remand order was in error. Finally, § 24(1)(c)(3 3/4) provided that the driver could not be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on hardship grounds. While it was not determined whether an appeal lay of a lifetime revocation, there was no waiting period.
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Article written by A Sris
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.