Jonathan was arrested for his second OUI and refused to take the breath test upon arrival at the station. The RMV automatically suspended him for 3 years for the refusal. He tried to fight it at the RMV but lost. We appealed it to a judge and won, saving him three years with no license.

Western Mass. client received a full three year license suspension by the RMV for refusing the Breathalyzer test on his 2nd offense. After an unsuccessful Hearing at the Boston RMV, I appealed it to the Judge in District Court. In his written decision, he found that the RMV "exceeded its constitutional or statutory authority" and "acted in an arbitrary and capricious manner." He ordered my client's license restored immediately so he could continue to drive legally while the case was still going on.

See judge's order restoring license.