Legal Question in DUI Law in Massachusetts

my boyfriend pled guilty to 2nd DUI with driving to endanger charge. He was sentenced by the judge to 90 days in a correctional facility for the DUI and 1 year for the driving to endanger charge, with the sentences to run concurrently. His attorney filed for a revise and revoke hearing immediately and he was granted a hearing by the judge.(the attorney filed the affidavit as correspondence, but my boyfriend was going in front of the judge pro se) On the hearing day, the jail never brought him to court. The jail said they never received the paperwork from the court/attorney of the scheduled court date. The clerk told me the hearing would have to be rescheduled. When she called me back she informed me that the judge proceeded without my boyfriend present and denied the motion. Can my boyfriend file for another reconsideration? or can you only file one, and once its denied...thats it? Should he write a letter to the judge? I just don't know what the next step is, if there is any. Thank you for your time.

Asked on 9/19/10, 9:19 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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I would certainly urge to get an attorney and bring the matter back to the judge. The sentence appears harsh. But I do not know the facts.

Answered on 9/26/10, 11:54 am

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