May 18, 2012

• Steven Topazio wrote this April 27, 2014 at 5:49 pm

The Client, a 37 year old restaurateur, who previously received a CWOF on a first offense OUI was arrested for a second offense OUI and refused to submit to a Breathalyzer. Pursuant to the Safe Roads Act or (Melanie’s Law amendments) in 2005 to Chapter 90, section 24D(1)(f)(1), the Registrar suspended the Client’s license for a period of three (3) years instead of 180 days, hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. Attorney Topazio appealed the Registrar’s finding to the Board of Appeal on Motor Vehicles pursuant to Chapter 30A, section 11 arguing the suspension should be reduced to 180 days because the Registrar was without authority to calculate a three-year suspension for a chemical test refusal suspension by including the CWOF as a prior offense. Attorney Topazio argued that a prior OUI offense, that was continued without a finding (CWOF), should not be treated as a conviction for purposes of the enhanced penalty for the refusal of the chemical test pursuant to Chapter 90, section 24(1)(f)(1), but the Board of Appeals disagreed and affirmed the Registrar’s decision. On May 17, 2012, the Supreme Judicial Court, in the case of Souza v. Registrar of Motor Vehicles, SJC-11123, concluded that the Legislature did not intend an admission to sufficient facts to be treated as a conviction pursuant to G.L. c. 90, § 24(1)(f)(1) and ruled that the registrar was not authorized pursuant to statute to suspend the plaintiff’s driver’s license for more than 180 days on account of his refusal to take a breathalyzer test, because the plaintiff had not previously been convicted of a violation of G.L. c. 90, § 24. Today, Attorney Topazio returned his client to the Registry of Motor Vehicles and by arguing the Souza case convinced the Registrar to vacate the three year suspension and reduce it to 180 days.