Legal Question in DUI Law in Massachusetts

2nd offense disposition before Melanie's Law RMV

Massachusetts OUI 2nd offense plea in may 2005, 14 day in patient and completed the required 26 weeks of out patient aftercare and all probation obligations met per court. Ready to apply for hardship license with RMV all ppwk ready. Is Melanie's Law being applied by the RMV retrocatively to cases disposed before the law went into effect 10/28/05 and new legislation 1/3 with interlock devices? if so can this be fought?

Thank You for any insights


Asked on 1/08/06, 11:55 pm

1 Answer from Attorneys
Martha Kovner Law Offices of Martha J. Kovner

Re: 2nd offense disposition before Melanie's Law RMV

My understanding is that the registry is applying the new law to cases which have not yet been resolved in the courts when the law went into effect (the date of offense was before Melanie's law was enacted)but I do not believe that they can apply it to cases which were already in the ptobationary status at the time the law went into effect. Martha Kovner

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Answered on 1/09/06, 7:57 am


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