James Milligan

Commonwealth v. R.L. (Lynn District Court) – Massachusetts State Police

Charge:  Operating under the Influence 2nd Offense Result:  Not Guilty Client was stopped by a Massachusetts State Trooper for marked lanes violation.  The trooper asked for his license and registration.  The Trooper observed an odor coming from client’s breath, his eyes were bloodshot and glassy and his speech was slurred.  Trooper asked the client to […]

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My daughter has a restricted driver\’s license. How do we change the 12 hour period?

Additional Information: My daughter has a restricted license in MA due to a DUI that only allows her to drive from 7:00 a.m. to 7:00 p.m.   I have two questions. First, How can we change the hours to a different 12 hour period? And, second, what is likely to happen to her if she is

My daughter has a restricted driver\’s license. How do we change the 12 hour period? Read More »

My daughter has a restricted driver\’s license. How do we change the 12 hour period?

Additional Information: My daughter has a restricted license in MA due to a DUI that only allows her to drive from 7:00 a.m. to 7:00 p.m.   I have two questions. First, How can we change the hours to a different 12 hour period? And, second, what is likely to happen to her if she is

My daughter has a restricted driver\’s license. How do we change the 12 hour period? Read More »

Commonwealth v. P.H (Plymouth District Court) 2011 – Kingston MA Police Department

Charge: Operating under the influence and Negligent Operation of MV Result: Dismissed Client was involved in a motor vehicle accident in Kingston, Massachusetts.  Police arrived and found the client outside of his motor vehicle with a female.  Client was bleeding from his head.  Client denied he was driving the motor vehicle although the female told

Commonwealth v. P.H (Plymouth District Court) 2011 – Kingston MA Police Department Read More »

I was found not guilty in a DUI charge (after 18 months!) and the court okay\’ed my driver\’s license. I went to the registry, but they denied my reinstatement stating immediate threat. The hearing officer never looked at the paperwork. What do I do?

ATTORNEY ANSWER: Any person aggrieved by a decision from the RMV can file an appeal to the Board of Appeals.  There also should be a report supporting why they believe you present an immediate threat to the public.

I was found not guilty in a DUI charge (after 18 months!) and the court okay\’ed my driver\’s license. I went to the registry, but they denied my reinstatement stating immediate threat. The hearing officer never looked at the paperwork. What do I do? Read More »

I was found not guilty in a DUI charge (after 18 months!) and the court okay\’ed my driver\’s license. I went to the registry, but they denied my reinstatement stating immediate threat. The hearing officer never looked at the paperwork. What do I do?

ATTORNEY ANSWER: Any person aggrieved by a decision from the RMV can file an appeal to the Board of Appeals.  There also should be a report supporting why they believe you present an immediate threat to the public.

I was found not guilty in a DUI charge (after 18 months!) and the court okay\’ed my driver\’s license. I went to the registry, but they denied my reinstatement stating immediate threat. The hearing officer never looked at the paperwork. What do I do? Read More »

Can I appeal the suspension of my driver\’s license, even though the trial for my Massachusetts OUI charge has not happened yet?

ATTORNEY ANSWER: Yes, Under G.L. ch. 90, s. 24 (1)(g) if you have REFUSED the breath test you can within 15 days after your arrest have a hearing at the RMV in Boston to determine whether the suspension is valid.  If the appeal to the RMV is denied you can petition the District Court that

Can I appeal the suspension of my driver\’s license, even though the trial for my Massachusetts OUI charge has not happened yet? Read More »