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
One Response
It is to save lives and property. For an example, I have a female friend whose mother was an alcoholic. She was always seen with a drink in her hand, and when she went on the road she would always pack an ice chest full of beer. One night, at 1am, her mother swerved into the incoming lane. She not only killed herself, but she killed a 17-year old male on his way home from work. I had to speak at her funeral. Ask yourself how would you describe her legacy? This is only one example, one statistic due to DUI situations. It’s a needless loss of life or lives. It transcends politics. Law enforcement has to do their jobs if drivers are so irresponsible to drive in conditions like that. It has nothing to do with profits, and most insurance carriers WILL NOT cover losses dealing with DUI’s in case of deaths.