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Charles Henry Fasoldt

Charles Fasoldt’s Answers

7 total

  • I was given the cahill disposition with 45 day loss of license and i have the iid installed.

    What i would like to know is when do i get to reinstate my license do i have to wait until the 45 days are up. If so how much would that cost im already paying 500 for the hardship.

    Charles’s Answer

    You may apply for a "hardship license" during the 45-day suspension period. However; as you already know, the IID must be installed before the RMV will reinstate your license. The $500 reinstatement fee applies. The IID must be installed in any vehicle you "own, lease, or operate," and it must remain in your car for the suspension period PLUS 2 years afterward. To obtain a hardship you must show the RMV proof that you enrolled in the 24D Alcohol Education Program and a letter from your employer stating that you need your vehicle to get to-and-from work.

    Secondly, whether you refused or failed the BT makes a big difference. If you received a "Cahill" disposition that means that you have a prior conviction - If you have been previously convicted (or assigned to alcohol education program) and you refuse a BT your license is suspended for 3 years. The BT refusal suspension (called a CTR) begins first, followed by the court-imposed suspension.

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  • How do i know if i was charged or given a citation?

    So i was at a party and the cops showed up. Im only 19 but it was a college party. I was highly intoxicated when they rounded us all outside and said no one is going anywhere. The next thing i remember is i was leaning by the officers car when he ...

    Charles’s Answer

    You'll know if you've been charged with something if/when you receive a citation or a summons in the mail. It will be sent to the address known to the police. Presumably the police would have obtained your address from your license, if they found it on you. However, based on what you wrote, it seems unlikely that you will receive any sort of citation.

    I suppose it's possible that they could send you a citation for Disorderly Conduct or Disturbing the Peace - even then, it would be a thin charge (assuming you didn't raise too much of a stink).

    If you do receive a citation, sign the back of it under "Information B" and bring it into the clerk's office within 4 days. That way you guarantee yourself a Clerk-Magistrate's hearing.

    PS - sorry about your phone

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  • Is child restraint traffic citation in state of NH considered a moving violation? Do you get points on your driving records?

    I would appreciate it if a NH licensed attorney could respond. Also, what if you are from MA and you get this citation in NH. Does it effect your drivers record in MA? Regards

    Charles’s Answer

    Massachusetts will consider this to be a moving violation. Presumably, NH will report this moving violation to the Massachusetts RMV.

    It will affect your driver's license in that it will be considered a "minor moving violation" and a "surchargeable event." If you accrue 12 moving violations in a 5 year period your license will be suspended as a Habitual Traffic Offender (HTO). If you accrue 3 surchargeable events in a 2 year period, you will be required to take a safe driver course.

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  • Can I get a public defender to go with me to my Magistrate Hearing in Massachusetts

    I am not sure if I have enough income right now to hire a defense attorney.

    Charles’s Answer

    No, you cannot get a court-appointed attorney to represent you at at Magistrate's Hearing. You must hire one.

    A Magistrate's hearing is conducted by a Magistrate of that particular court. The Magistrate is an unbiased (at least they're supposed to be unbiased) 3rd party.

    The purpose of a Magistrate's hearing (also known as a Clerk's hearing or a Show-Cause hearing) is to determine if there is enough evidence to charge you with the crime. The standard of proof is "probable cause." Probable cause is a relatively low standard of proof. If the Magistrate finds probable cause a "complaint" will be issued. However, oftentimes a Magistrate will decline to issue a complaint if you show him/her that you have little to no criminal record, that you're employed or in school, and/or otherwise a good human.

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  • In terms of car insurance, is there a difference between a CWOF and a guilty DUI? Should i wait until its dismissed to apply?

    I read that in mass, even a CWOF adds 5 points to your record (major violation). Im buying a used car and need to update my policy where they will most likely see my CWOF. IF i wait till it is dismissed to renew my policy will they see it then?

    Charles’s Answer

    Attorney Donovan is correct. The RMV will add 5 points to your license under its Safe Driver Insurance Program (SDIP). This will happen if your case was CWOF or Guilty. If you wait until your probationary period is over - presumably it is one-year long - the case will be dismissed, but the Insurance companies will still be able to see it on your RMV record.

    In addition, the CWOF is considered a Major Moving Violation and a Surchargeable Event. If you accrue 3 Major Moving Violations in 5 years, your license will be suspended as a Habitual Traffic Offender (HTO) for 4 years. Likewise, if you accrue 7 surchargeable events in 3 years your license will be suspended for 60 days.

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  • Getting a dl in a ndr state with a revoked dl in a non ndr

    i have heard it may be possible to get a dl in a non ndr with a revoked dl in a non ndr, if there is any truth in this, could someone recommend the lawyer to help me do so, in any of the 5 ndr states, i am willing to relocate to any of these if i ...

    Charles’s Answer

    You will have no luck in Massachusetts. Before issuing a new resident a Driver's License, the Mass. Registry of Motor Vehicles (RMV) will run a out-of-state license check on you. If your license is suspended in any other state - PA included - you will not be able to obtain a driver's license in Mass.

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  • How can I appeal a speeding ticket that says I was going 20 mph over the speed limit, but only fined me $100? thanks.

    The ticket states I was going 70 when there was a 50 mph speed limit. The officer said he will issue the minimum fine of $100 and said he had to speed up to catch up to me. He also said he saw me drive over a few puddles. This was on the highway a...

    Charles’s Answer

    Sign the back of the citation, under section A, and file it in the clerk's office of the appropriate district court. You must do this within 20 days. This will guarantee a hearing in front of a Clerk-Magistrate. The fee is $25. Next, If you lose the hearing you may appeal the Clerk's decision to a judge.

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