Hello. For some reason, I cannot seem to get a straight answer to a relatively simple question. My atty is on vacation and I would like a clear answer if you know it.
I am currently in the midst of fighting a dui charge (with council). I DID blow over the limit. First offense, Massachusetts with no other violations. I am over 21. It's already been over 90 days. At DMV hearin to reinstate my license, EXACTLY what do I need to bring with me and do you think this is a good idea to do, or should I wait till after trial? This could take months, and I would rather reinstate it than suffer the consequences if I got caught driving while still under suspension. I don't know why I can't get a straight answer to this. I dont want to go to the Boston registry only to be told I needed something.
My first piece of advice is for you to do your best to be calm. Getting upset will not help you. The second piece of advice I have for you is for you to wait and speak to your lawyer. I am reluctant to comment to a person who is represented by counsel. The short answer (which you will need to get all the details from your attorney)... is that you can see a hearings officer once 30 days have passed since you list your license... assuming you did not lose your license for a failure to take the breath test. You said you took the test and failed so generally you would be able to get your license back during the pendency of your case. The fee is high, I believe it is $500. You have to make your own decision whether the price is worth having your license back early and knowing you could lose it again... and then later have to pay another reinstatement fee. For details more specific than that please speak to your lawyer. Good luck. ---Marc D. Roberts
Marc D. Roberts, Esq.
56 N. Main St., STE 323
Fall River, MA 02720
In Massachusetts, if you did take the breathalizer, generally you should get your license back after 30 days of suspension. You will need some identification, such as a passport and utility bills and if I'm not mistaken it will cost around $100. You should have your license until your case is resolved at which point, depending how your case is resolved (i.e. a guilty plea or a continuance without a finding), your license will again be suspended for another 45-90 days.
I agree with Atty Roberts. The first thing you need to do is calm down and chill out. Your world will not get back to normal by you making rash decisions out of frustration. You need to discuss all of this with your lawyer. The laws regarding license suspension, oui, etc., are rather complicated. Someone who is familiar with the specifics of your case is the best person to advise you. Now breathe.....
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