There have been several recent court decisions in Massachusetts OUI Law that deserve special attention. Please contact Stephen Jones, your Massachusetts OUI Lawyer, to learn how these decisions affect your case.

OUI

Commonwealth v. Cahill

Supreme Judicial Court

June 24, 2004

A defendant convicted of OUI second offense who receives a 24D disposition is entitled to a license loss of 45-90 days -- as opposed to a 2 year license loss.

The defendant pled guilty to OUI second offense. Since his first offense occurred more than ten years before the second offense, the defendant received a disposition under c. 90, § 24D ("24D disposition"). At the plea hearing, defense counsel requested a 45 day license loss while the Commonwealth argued for a two-year license loss, as mandated by c. 90, § 24 for all second offenders. The judge ordered a two-year license loss and the defendant appealed.

On appeal, the SJC held that, since the statute is ambiguous, any ambiguity should be resolved in favor in the defendant and therefore, a 45-90 day license loss is the maximum for any defendant convicted of OUI second offense who receives a 24D disposition. It is important to note that, prior to 2002, c. 90, § 24D clearly provided for a two-year license loss for second offenders eligible for a 24D disposition. However, when the OUI laws were amended in 2002 to remove the 10-year time limit in which a subsequent offense could be charged, the legislature also eliminated the two-year license loss language in c. 90, §24 D, leaving the ambiguity of which the Court speaks.

Contact your MA OUI Lawyer to learn more about how these OUI Case decisions affect you.

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