Legal Question in DUI Law in Massachusetts
was convicted of a DUI back in 1995, HOWEVER my question is the following, The date of my actual offense was April 28, 1994, charges filed by PD on May 24. 1994, BUT the law CHANGED on May 27, 1994 and the penalty for the DUI was increased to 2 1/2 yrs here in MA. I was not convicted of DUI until April of 1995! shouldn't I have been "penalized" under the original law and NOT the "new" law? The reason I ask is because due to the POSSIBLE sentence of 2 1/2 yrs, it disqualified me for gun ownership.
2 Answers from Attorneys
You are subject to the penalties in effect on the day of your conviction and not the day of the commission of the offense. As long as the conduct constituted a crime when committed, the state can change the penalties.
You should seek the assistance of counsel in voiding the 1995 conviction. An increase in penalty for an offense committed cannot be applied retroactively as it violates the Fourth Category of ex-post facto laws and is thus null and void. That said, if your eligibility for a firearm license is being denied on the grounds that the misdemeanor offense you were convicted of carries a penalty of more than 2 years, then you can and should consider filing an appeal to the District Court for an arbitrary and capricious denial based on ignorance of the law.
You are correct that the offense for which you were convicted is governed by the law in effect at the time the crime was committed. The U.S. Constitution prohibits ex post facto sentence enhancements.
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How do i have a dui on my record when i was never convicted of it Asked 3/02/11, 2:56 pm in United States Massachusetts Drunk Driving & DUI Law
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