Massachusetts Criminal Lawyer Blog
On September 20, 2011 GA, a 50 year old software engineer from Acton was on a business trip to California and got arrested for DUI in California. On January 25, 2012 he pleaded nolo contendere to a reduced charge of reckless operation in CA. He had also refused a breath test in CA. CA revoked his right to operate a motor vehicle in CA for one full year. Massachusetts never got wind of the CA case and GA continued to drive and his MA license remained active. GA’s license was up for renewal in March of 2014 and the RMV Computer then picked up the CA information. The RMV then revoked his MA license for 1 year effective March 7, 2014 for the DUI; the MA RMV also suspended his license indefinitely for the CA chemical test refusal effective February 9, 2014. GA, in the meantime, had never actually got his driving privileges reinstated in CA. So now he was suspended in both CA and MA and both states were telling him that he could not be considered for reinstatement until he got cleared in the other state – a real catch 22. GA contacted and retained Attorney Robert Lewin.
Attorney Lewin immediately researched the issue of getting his driving privileges reinstated in CA. Attorney Lewin explained to GA that the MA RMV would not do anything until GA got reinstated in CA. The CA reinstatement process was sorted out; an SR-22 Insurance Form was obtained; and GA was able to get his driving privileges in CA reinstated. On March 19, 2014 GA and Attorney Lewin then went to the RMV in Boston for a hearing in the Driver Control Unit. Attorney Lewin had prepared a lengthy Memorandum of Law for the RMV and had obtained certified copies of all the paperwork from CA. At the conclusion of the hearing the RMV backdated the 1 year MA suspension for the OUI to the date of the CA conviction which meant that that suspension was now expired. The indefinite suspension for the chemical test refusal was released because CA had reinstated GA’s driving privileges. The RMV reinstated his license (a full license) on the payment of the $500 reinstatement fee which GA paid immediately.
GA had been advised to bypass the RMV hearing and go directly to the Board of Appeal. Attorney Lewin said no; we should go to the RMV first as we have a good shot of getting your license back at the RMV. GA was ecstatic and walked out of the RMV with his MA license fully reinstated.