Legal Question in DUI Law in Massachusetts

Hello and Thank You: I recently tried to retake the Drivers test in MA. I was informed that I should contact the DMV in N.C., which I did. I was told that I had not completed the requirments due to a Conviction in N.C. on a DUI. This matter took place in 1992, and I thought that all legal requirments had been fulfilled with regards this matter. They informed me that I had not completed a particular course, which I know I did, but do not have the appropriate documentation to verify my claim. I have recently returned to MA, and a Drivers License is neccesity. What should I do. Thanks Again Michael Boyle


Asked on 1/05/10, 11:37 am

1 Answer from Attorneys

Gregory Casale Gregory Casale Attorney At Law

I handle these cases for people with the reverse situation all the time where they now live in another state and have an open MA issue. You should contact a lawyer in N.C. since it is there that the charge remains open or uncompleted. Before you do that I would start by contacting the facility where you took the course to see if they have any proof of completion. If they do, obviously get it and show that proof to the N.C. RMV (always maintain copies of everything). The bottom line is you have to do one of the following:

1) Obtain proof that you completed the obligatory class;

2) retake the class or it's MA equivalent; or

3) see if there is an alternative to completing the class (Pay a Fine?)

We have had MA OUI offenders take the requisite classes in their home states so long as they are similar to the MA classes. Since MA's OUI class is so harsh (40 hours), worst case scenario, you could try to take the MA 1st Offender's Program, here in MA, to satisfy the N.C. requirement if you can not produce proof of completion. The problem is that the MA course takes 6 months of weekly classes. The good news is that in MA you are eligible for a hardship license 3 business days after you ENROLL in the class, eventhough the actual classes may be scheduled to start later on.

Good luck. If you need assistance in MA you can reach my office at (508) 752-7500 or (877) 752-7501 toll free. Our website, which has a lot of informatioin on it regarding OUI is www.lawworcester.com

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Answered on 1/10/10, 11:57 am


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