heres an old problem i have. i had my first license here in mass and never had an problems.. i moved to nc for a little in jan 07 and TURNED in my mass license in order to obtain a NC license.
in oct 07 i got a dui on my birthday of all days in NC. i paid my fines and attended classes there. i was given one year suspension of license.
i moved back to mass in mar 08 and in july tried to get my nc license back, but was told i had to fix a problem with my mass license, what license??? it was turned in....
so i called the DMV here to see what the problem was.. turns out they say that nc never surrendered my mass license. and so when they got word my nc license was suspended not until july 08 i had to wait a whole year here in mass without any license.
so now that my suspension is over and all my fees were paid in nc, mass rmv says i have to pay a whole bunch of dui fees and suspesions here too. how come?? why are they trying to double bill me for an incident that occurred out of state when i was not even a resident here or still had a license here. is that legal??
they said they fees could be up to $2000 for a first offense, which is ridiculous, cause in nc i only had to pay $250 in fees, and $100 for classes and then another $75.00 to reinstate that license. once i paid that they nc DMV said your mass license is suspended. im clueless as to how this could be. and i probably wont ever drive again because of a stupid mistake i made on my birthday. oh yea i dont even drink, it was a stupid mistake i made for a few hours on one day that turned my whole world around.
any suggestions.
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Out of State DUI
Your situation is governed by G.L. c. 90 § 22(c) which provides as follows: If the registrar receives official notice, in any form which the registrar deems appropriate, including electronic transmissions, that a resident of the commonwealth or any person licensed to operate a motor vehicle under the provisions of this chapter has been convicted in another state, country or jurisdiction of a motor vehicle violation, the registrar shall give the same effect to said conviction for the purposes of suspension, revocation, limitation or reinstatement of the right to operate a motor vehicle, as if said violation had occurred in the commonwealth.
Technically, you were “licensed to operate a motor vehicle under the provisions of this chapter,” because your Massachusetts license was still in effect. This is going to take a RMV hearing and possibly a Board of Appeal hearing to resolve. Contact me if you’re interested in representation. I’ve successfully resolved a number of these cases.
Attorney Brian E. Simoneau
The offense is on my record,
The offense is on my record, either way nothing to do about it, I was already convicted. I guess I'm just going to have to pay when I'm ready, to hire a law doesn't seem like a good move, seeing as though I will have to pay either an attorney or the state to fix the problem. Leave it to MASS to double bill residents for problems that are not of there concern.
Tbanks for the Advice,