The Massachusetts Supreme Judicial Court has dealt a blow to the Massachusetts Registry of Motor Vehicles policy of suspending licenses for repeat offenders based upon prior cases that had been continued without a finding.
The decision in Souza v. Registrar of Motor Vehicles will affect thousands of drivers who either pled guilty or were found guilty of second or subsequent offenses.
The license losses for refusing the breathalyzer depend on whether the individual has prior offenses. If a person has one prior offense, the suspension is 3 years, 2 prior offenses, 5 years, and 3 or more offenses, LIFETIME. If you have a prior continued without a finding and refused the breath test and your license has been suspended based upon that, you are eligible to have that suspension reduced to the next level. If you have more than one continued without a finding, it will be reduced even further.
Have a DUI/DWI/OUI related question? Stephen L. Jones is available 24-hours a day. Please call: (617) 851-7153