Important Decision Effecting Massachusetts License Suspensions: DiGregorio v. Registrar of Motor Vehicles (February 17, 2011, Massachusetts Appeals Court)

OUI laws and DWI laws. In a 2-1 split decision today, the Massachusetts Appeals Court issued an opinion that will effect a large number of Massachusetts drivers who receive license suspensions or revocations based on out of state DWI, DUI or OUI convictions. The case is DiGregorio v. Registrar of Motor Vehicles. In DiGregorio's case, he got convicted once in Massachusetts in 1997, then in Connecticut in 2000 and again in Connecticut in 2004. The Massachusetts Registry of Motor Vehicles did not find out about the Connecticut DWI convictions until December of 2007. The RMV notified DiGregorio that effective January of 2008, his Massachusetts driving rights were suspended until 2016, based on his having 3 OUI convictions. DiGregorio appealed the Registry's action, and argued successfully before the Appeals Court that the eight years should have begun on the date of his last Connecticut court revocation, namely eight years from 2004. Therefore he will get his eligibility to be licensed back again in 2012, rather than 2016 as the Massachusetts Registry had argued, and as their practice has been.

The Registry's long standing practice of initiating the minimum revocation period for out of state suspensions when the RMV receives notice, was therefore overturned by the Appeals Court. This should advance the drivers license restoration eligibility for a large number of drivers with out of Commonwealth DWI/DUI convictions.

New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.

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1 comment:

  1. Nice maybe ill bring my drivers record for you to look at also on monday thanx Mark lookin 4ward to seein u Dana