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2nd OUI ruled a 1rst offense


Over 2 years ago I was convicted of OUI. I had previously been convicted of OUI in the NY state 8 years before that. However before sentencing there was a second hearing with only the judge in which the prosecutor had to provide evidence of the first offense. The judge ruled there was insufficient evidence to support the previous conviction happened and ruled it a first offense. However at sentencing he did not give me a 24d, but instead ordered the standard 2nd offense probationary sentence with 2 weeks in patient program and 2 yr license loss. This compounded with the ctr refusal suspension has me out of a license for another 1.5 years. I am wondering if I have any legal recourse against the 2 years of in car breathalyzer for 2nd offenders and possibly against that full 2 year license suspension. I have read multiple places that the maximum license suspension for a 1rst offense is 1year.

Any relief from continued impediment to my ability to drive and/or rent a car would provide significant gains to my career.

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Submitted Wed, 04/12/2017 - 10:50

G.L. c. 90 Sec. 24(1)(c)(2) provides as follows: Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of such person unless the prosecution of such person has been terminated in favor of the defendant, until two years after the date of the conviction; provided, however, that such person may, after the expiration of 1 year from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and that such person shall have successfully completed the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary

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