Criminal Defense Attorney

Chemical Test Refusal Petition Allowed — Chelsea District Court

Outcome: Petition Allowed, Judge reversed the RMV’s finding

Description: Mr. Q is a commercial truck driver. Several months ago he was sleeping in his truck in a private parking lot. The police pulled him out of his truck and arrested him for OUI. At the police station Mr. Q refused the chemical breath test. Under Massachusetts law, refusing a breath test results in a 6-month suspension of the regular driver’s license and a 1-year suspension of the commercial driver’s license (CDL). The prosecutors dismissed the OUI case, and the 6-month suspension was lifted, but, unfortunately, the CDL suspension remained. In an effort to get Mr. Q’s license back we appealed the Chemical Test Refusal (CTR) at the RMV. The RMV denied the appeal. We then “petitioned” the District Court, asking the judge to reverse the RMV’s ruling. The basis for our petition was that the police did not have probable cause to arrest Mr. Q because he was not parked in a “public way.” The judge agreed and reversed the RMV’s decision. Now, it is on the record that the CTR suspension should not have been entered in the first place; therefore, his CDL should be reinstated.