Commonwealth v. Richards

The Supreme Judicial Court reversed the district court’s grant of Defendant’s motion for restoration of his license, holding that the plain language of Mass. Gen. Laws ch. 90, 24(1)(f)(1) and the legislative history precluded the relief sought by Defendant.Defendant’s driver’s license was suspended in 2010 because he refused to consent to a breathalyzer after his arrest for operating a motor vehicle while under the influence of alcohol (OUI). Defendant’s license was subject to a lifetime suspension because he had three prior convictions of OUI when he refused the breathalyzer. When Defendant was found not guilty of the 2010 OUI charge, he filed several motions to have his license restored. The district court granted Defendant’s 2017 motion for restoration of his license. The Supreme Judicial Court reversed, holding that the 2017 motion was not authorized by Mass. Gen. Laws ch. 90, 24 because it did not satisfy the “immediacy” requirement of the statute. View "Commonwealth v. Richards" on Justia Law