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 Suffolk and Middlesex conduct these reviews via video conference, so there is no need to transfer the defendant.
I do agree, however, that a ninth OUI charge itself is probably enough to hold the defendant under M.G.L. c. 276 § 58A(1).
"the defendant is a 8 time convicted drunk driver "
And, apparently, facing a ninth OUI charge. That would seem to support a "dangerous" finding, even if an appeal were permitted.
If the defendants are not satisfied with their counsel, they should contact the MA and Middlesex County bar associations for referrals to skilled OUI counsel.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
You may want to contact the Mass Bar Association, the Middlesex Bar Association, and/or the law offices of Stephen Jones. Here is his website ~ http://www.dwilawoffice.com. He is one of the top lawyers in drunk driving law. You can also google "massachusetts oui attorneys."
Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any email or phone conversation.