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OUI dismissed, CTR license suspension appeal

I was arrested for a 2nd offense while sleeping in my car, my lawyer got the prosecutor to change the charge to Driving to Endanger and I plead guilty to that charge. The prosecutor mis-represented the facts of the case during the plea. The letter I got from the registry states that my license is suspended for 3 years for refusing the breathalizer and 60 days for the Driving to Endanger charge. It looks like the statute affords me the right to get the CTR suspension overturned because the OUI charge was dropped. My lawyer is advising me against trying to get a hearing saying that no judge would put his name on giving me my license back because I have a previous record of other incidents involving alcohol (aside from the 1st offense). Should I just bite the bullet and wait 3 years or is it possible/probable that I could get my license back when the suspension for the Driving to endanger charge is up?

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G.L. c. 90 Sec. 24(1)(f)(1) allows you to have a hearing in the district court where the case was heard. It doesn't necessarily have to be in front of the same judge who handled the OUI case. The law provides as follows: No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 13 1/2 of chapter 265, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. In all such instances, the court shall issue written findings of fact with its decision. You have to be careful using this process. If you try this and do not get your license back, the Board of Appeal will likely not give you any relief. I may be able to reduce your 3 year CTR to 6 months. Contact me if you are interested. 508-881-1119 or see my contact information in The Forum's Attorney Directory: http://www.malawforum.com/find-lawyer-massachusetts    Attorney Brian Simoneau



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