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In the middle of fighting a dui case (pending) EXACTLY HOW do I get my license back?

Swampscott, MA |

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.

In other words, do I need many forms of ID, can you tell me how much this should cost (estimate?)...If I should do this in Boston or Lawrence? And lastly, with the information I provided, do you think I am eligible to get it reinstated by now? It's been 3 months and I am beginning to "lose it". My world has been turned upside down. Any and all clear and concise answers are greatly appreciated. Thank you so much for this service.

Attorney Answers 3

Posted

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
(508) 672-2322
xyzlaw.com

Any answers provided on AVVO are general answers based on limited information and are not legal advice that should be acted on, other than any suggestions to speak with an attorney about your specific matter. No attorney-client relationship is created with the questioner and Attorney Roberts by the answering of questions on AVVO.

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Posted

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.....

Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any email or phone conversation.

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4 comments

Asker

Posted

Thank you both Mr.Redmond as well as Mr. Roberts. I have gotten much use and helpful responses from this site. I am only this emotional and so forth because I cannot seem fine or get CLEAR black and white information regarding the steps I need to take from here. It seems that on this site, if I currently DO have council, it isn't in any of the attorney's interest. However, many people read these answers including the folks who ARE actually without an attorney and ARE willing to spend. If there is ANYONE who DOES know what the further steps are that I should take regarding my question, it would be very much appreciated. I am anonymous, so your answer is in no way jeopardizing legally. It's just a question. I sure would like an answer. I do understand that keeping cool is the best thing I can do, but information and communication are respectful and of course give at least a little bit of a feeling of "control" as well as responsibility to the person who is ultimately seeking that information. Thank you so much.

Asker

Posted

Oh yes, I forgot to mention...I have 8,000.00 to spend (but that's it)....I am willing to spend this to get clear of this. I would think that someone could help me get info on how to get my license back?. My lawyer is going through a personal issue and is on vacation. Thank you.

Lauren Craig Redmond

Lauren Craig Redmond

Posted

Call me in the morning. We can talk about what I can do to help you. And...it's Ms. Redmond.

Lauren Craig Redmond

Lauren Craig Redmond

Posted

617.953.6116

Posted

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.

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