Chemical Test Refusal (“CTR") Appeal
Chemical Test Refusal Appeal
You’ve been arrested for suspicion of DUI. During the booking process, you are asked to submit to a Breathalyzer test. In Massachusetts, the Implied Consent Law says that because you’re driving on Massachusetts roads, you’ve already agreed to take the Breathalyzer Test. As a sanction for refusing that test after you’ve been arrested for suspicion of OUI/DUI/DWI, the Registry of Motor Vehicles will suspend your license for 180 days on a First Offense, three years on a Second Offense, five years on a Third Offense, and for a refusal on a Fourth Offense or more the registry will suspend your license for LIFE.
There is a process to Get Your License Back! That process is what’s known as a Chemical Test Refusal appeal or a “CTR”. Beginning with a hearing at the Registry of Motor Vehicles, we will start that process within 15 days of the date of your arrest. We’ll challenge the officer’s reasons to believe you were intoxicated, the manner of your arrest, and the circumstances of your refusal. From the time of the conclusion of the hearing, the Registry will have 10 days to issue their decision.
At the Registry these appeals are almost always refused. But that is not our last stop, merely the first step of the process.
Upon receipt of the Registrar’s decision, we then file a petition for judicial review of that decision. From the date of that petition, the Registry has 15 days to respond by filing the complete administrative record with the court. Within 30 days of the filing of that petition, we will have a hearing before a District Court Judge. At that hearing we will argue that either the Registry exceeded its authority, made an erroneous interpretation of the law, acted in an arbitrary or capricious manner and or made a determination that was not supported by the evidence presented. That district court judge then has the power and the discretion to overturn the decision of the Registry and to give you back your license.
Whether your license has been suspended for 180 days on a First Offense or for life on a Fourth Offense, any time without a license is too long to wait. Contact Massachusetts Chemical Test Refusal Appeal Attorneys James G. DeGiacomo and Sergey Mikhlin now to get the ball rolling on your CTR. Time is of the essence! We will get you back on the road and back to your normal life. Call today (617) 941-3666!
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