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.
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.
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.
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!
I agree with the other responses - you should make a sincere effort to have a serious and candid discussion with your attorney. Do not fire an attorney (the messenger) just because you do not like hearing bad news. Of course, if your attorney is trying to avoid trial simply because he does not want to put in enough effort, then find someone new to work with immediately.
Regarding the charges and trial, it seems you have left out some crucial details. For example: What was the exchange...
Attorney Kavaja is correct, but you may apply for a hardship license from the RMV. The hardship license would be good for a certain twelve hour period each day.
Please, however, speak with an attorney before accepting the CWOF - there may be lifelong consequences that are more important than the immediate desire to get your license back as soon as possible.
From your question, I assume the court suspended his license for two years. If that is what happened, then two years after his last court date he should be able to go to a full service RMV branch and meet with a hearing officer to requst that his license be reinstated. If the hearing officer approves reinstatement there is a reinstatement fee of $500. The hearings are fairly casual and, absent any other problems with the person's driving record, usually result in reinstatement.
I agree with the other responses, your dad needs an attorney because a criminal complaint has already been filed. Since the complaint has been filed, he should not discuss the case with any potential witnesses against him and no one else should do that on his behalf. Trying to help by attempting to “work it out” with the alleged victim could get your father, or anyone trying to help him, into a great deal of trouble, i.e. additional charges. Larceny over $250 is serious enough, don’t make it...
I am not sure why others have said there is no appeal. My understanding is that M.G.L. c. 276 § 58A(7) provides for review in superior court. Furthermore, M.G.L. c. 276 § 58A(4) allows the defendant to "reopen" the hearing in the original court if the judge is convinced "that information exists that was not known at the time of the hearing and that has a material bearing on the issue...."
The process for 58A review in superior court is practically the same as standard bail review. I know...