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James Dunn’s Answers

23 total

  • Got a cwof in coart but the RMV says they don't see anything is this a mistake

    I called RMV they don't see anything what should I do

    James’s Answer

    Probably not a mistake. The delay may be caused by any of several reasons.

    Often, because of budget constraints, Massachusetts courts are understaffed so it may take a few days for someone in the court's Clerk's Office to update the case information in the computer system (I have seen this take up to a week).

    Though this is probably not a mistake, it can't hurt to call the clerk's office and ask if the info regarding the suspension has been entered into their system.

    Even then, not all courts send this update to the RMV electronically. Incredibly, some courts still mail or fax updates to the RMV!

    Then, after the RMV finally receives the update from the court, it may take 24 to 48 hours to cycle through that system.

    Throw in a weekend or holiday and that's even more time without a license.

    Good luck!

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  • I lost CDL for life due to 2 OUI , one was CWOF. Can I appeal this with registry?

    I have 2 OUI . The first was CWOF with no accident or incidence. The second was found guilty with no accident or incidence. The registry took my CDL for life. Now it's suppose t be 2 guiltys lost for life. I wasn't found guilty on first. The paper...

    James’s Answer

    CDL's are regulated by the state and the federal government. Federal regulations specifically state that dispositions such as a CWOF be counted as a conviction.

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  • What are my chances of getting a hardship in massachusetts?

    I am eligible in a couple weeks for a hardship but im curious how often they give them out? I live an hour away from work with somewhat unreasonable public transportation to and from, then on certain days I need to get to school at night, which is...

    James’s Answer

    No, they do not give 14-hour hardship licenses. As to the chances of your application for a hardship license receiving approval, it would not be appropriate give an estimate without looking at your RMV record. If you want some guidance through the process, that might include appeals, it would be best to hire an attorney experienced with these issues. Good luck!

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  • I took breathalizer but machine would not register. officer took licence and said it was same as refusing. I have copd?

    I did not refuse. I intend on fighting it. The officer wrote that he believed I was not trying. I was trying.

    James’s Answer

    If you already have an attorney working on your OUI case, speak with them about this. If not, it would definitely be in your interest to speak with an attorney as soon as possible. There are short time limits on when you may challenge the suspension for a chemical test refusal and an experienced attorney can guide you through the process and assist you with the hearing.

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  • If I make an agreement with DOR to get my license back does a judge have to sign off on the agreement?

    DOR took my license,if I make an agreement with DOR for a lump sum payment does a judge have to sign off on the agreement before I get my license back?

    James’s Answer

    Need more information to work with, but I suspect this was posted in the wrong forum. Is this a probate/family court matter that has something to do with child support? If so, try reposting in the proper forum.

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  • My second dui was treated as a first one. is there a chance to avoid the Interlock Device or at least reduce the 2 years time?

    I'm about to reinstate my driver license in Ma. I was guided wrongfully and I plead guilty. In my case there were no intoxication level, because i was taken to the hospital and in the hospital they never took any example. I don't know if this matt...

    James’s Answer

    Unfortunately, no. The facts of your case should have been addressed while the case was active at court. The RMV does not reconsider the case all over again. From what you have said, it seems there is no way to avoid the interlock device or reduce the time you must use it.

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  • Recently arrested for and OUI at a level of .08, need license for taking daughter to school and work, how do i go about this?

    I was at a level of .08 after the third road side test the officer made me do. I understand this is the min. and it is still considered intoxicated in law. However, I need my license for my daughter, work, and school. The officer had told me if I ...

    James’s Answer

    Please contact an OUI attorney! There are lifetime consequences to consider that may outweigh your desire to get your license back as soon as possible. Although I do not know all the facts alleged in the police report, from what you have said it seems there may be many factors in your favor.

    To directly answer your question as to whether “this will look bad in court?” No! Portable breath tests are not admissible as evidence against you.

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  • If i am required to have a ignition interlock device is this something i need to do before i apply for my hardship license.

    I am applying for my hardship license and one of the stipulations is that i must have the ignition interlock device placed on my car im jist wondering is this something i have to do before i apply for my hatfship to show the registry that im tryin...

    James’s Answer

    You will likely have to go to the RMV twice. If you go to the Boston location, go straight to the fourth floor using the elevator, no need to stop at the greeter's desk at the entrance on the first floor.

    On the fourth floor, inform the staff at the reception desk that you are there to apply for a hardship license. You will be given forms to fill out and turn in. You will then need to wait to be called by a hearing officer who must approve your application for the hardship license.

    If approved, you will be given the appropriate paperwork to get the interlock device installed. After getting the device installed you will return to the RMV to get the hardship license.

    This link may help to understand the process: http://www.massrmv.com/rmv/melanie/ignition_interlock_device_brochure.pdf

    Good luck!

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  • I am a nurse in Massachusetts I just got arrested for a 3rd oui offense. My prior offenses were 27 years and 19 years ago.

    I did not take the breathalyzer. I did take one at the site and it was a 0.8.

    James’s Answer

    Sorry you are going through this. A third offense, regardless of how long ago the previous two were, has serious consequences. I don't like to disagree with my colleagues, but my understanding is that you are now facing a lifetime suspension of your driving privileges in Massachusetts, not merely 180 days. I would suggest speaking with an experienced attorney as soon as possible. There may be ways to successfully appeal the suspension and preserve your driving privileges, but there are time limits to begin the process - i.e. only 15 days. That suspension is administrative and separate from any court imposed suspension. Please contact an experienced attorney as soon as possible. And good luck!

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  • Breathalyzer test refusal. When can I request a hardship license? Will a CWOF remain on my record? When will it be dismissed?

    First offense OUI, breathalyzer refusal, did not know that my license was suspended and was rearrested for driving after suspension and resisting arrest. I was a traveling case manager and lost my job. I need to get a hardship license to work. ...

    James’s Answer

    I agree with the other answers, but want to add that if your refusal was less than 15 days ago you might want to hire an attorney to go to the RMV with you and appeal the 180 day suspension. If you were not read, or given, the statutory rights form, or if the form was incorrect and did not state the suspension would start immediately, you might be able to get the RMV to remove the suspension. Good luck!

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