How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CrimDefense Your Own Question
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27210
Experience:  10+ years defending Misdemeanor and Felony cases.
9540344
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

3rd. DWI lowered to a Driveing to Endanger. dismiss motion f

This answer was rated:

3RD DUI LOWERED TO DRIVEING TO ENDANGER.2 MONTH SUSPENTION.500.00 FINE, COURT ORDER TO RESTORE LICENSE. BUT REGISTRY(MASS.)ADDED 60 DAYS TO 5 YEAR SUSPENSION FOR CHEM TEST REFUSE. FOR DUI SETTLED IN MY FAVOR. DRIVEING TO ENDANGER. Can registry of MOTOR VEHICLES (MASSACHUSETTS} DO this when there is court order to restore license after 60 days. What is recoarse if Registry {RMV} CAN DO THIS.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your situation and concern. The RMV can do this, since they are separate from the court and the suspension has nothing to do with the outcome of the criminal case. The suspension through the court and the RMV are different. At the time is the suspension, you had 15 days to appeal it. However, the current 5 year suspension is a result of a 3rd refusal. Under Massachusetts law, your previous offense must have resulted in a conviction in order for the RMV to rely on it for the enhanced breath test suspension period. If you received a Continuance Without a Finding on one or more of those previous offenses, it is not a conviction. Moreover, in this case, your DUI was lowered, so an argument could be made that the suspension time should be less. You can try and appeal the refusal suspension to the district court which took final action on the DUI charge and need to use an attorney to do this, since it is difficult and the State is likely going to object to it.

CrimDefense and 2 other Criminal Law Specialists are ready to help you