I just received this e-mail:
I just have a quick ? My daughter was 19 years old at the time of the offense "OUI" failure to take the Breathalyzer test. 1st offense of any kind I may add,never even a parking ticket So After 11 months of back and fourth in court she took a plee and and the results were found with out a finding, Suspension of lic. for 210 days and of course probation for a year and was to in-roll in some alcohol classes .Then the registry of motor Vehc. sent her a letter stating that she has lost her lic. for 3 years,6 months and an additional 210 days. Over ruling the Judges decision. Can they do this is my question.
Please answer this for me Because it seems my attorney does not have the answer and its eating me up inside.
The answer is simple, the gentleman's daughter refused to submit to a chemical breath test and the Registry suspended her license for three (3) years as a result thereof, pursuant to G.L. c. 90 § 24(1)(f)(1). The chemical test refusal suspension is 180 days in length for adult first offenders, 3 years for second offenders and those under 21 years of age, 5 years for DUI 3rd offenders, and lifetime for OUI 4th offenders. Any half-decent Massachusetts DUI lawyer would know this off the top of his or her head. If you're facing a drunk driving charge in Massachusetts, beware of "quacks" who masquerade as competent DUI attorneys. In dealing with the Registry of Motor Vehicles in DUI license suspension appeal and hardship license cases, I have personally seen countless examples of glaring errors and horrific blunders made by self-proclaimed DUI specialists. This means you must do your homework and research prospective DUI lawyers prior to signing any attorney-client agreements.
Here's a post about another incompetent DUI lawyer, who cost his unsuspecting client a 2 year license suspension.
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