May 30, 2012

• Steven Topazio wrote this April 27, 2014 at 5:51 pm

The Client, a 50 year old RN, who previously received a CWOF on an OUI offense in 1980 and a second CWOF on an OUI offense in 1996 was arrested for a third offense OUI in 2009 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 five (5) years for the breathalyzer refusal instead of 180 days, and an additional eight (8) years on the OUI offense after he pled guilty, hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. 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 appealed his client’s suspension to the Registry of Motor Vehicles and by arguing the Souza case convinced the Registrar to vacate the five year suspension and reduce it to 180 days. Although the Client received an eight (8) year license suspension for the third offense OUI, due to the reduction in the license suspension, he immediately became eligible for a DWI work hardship license since he was more than 2 years into his DWI revocation.