My finance got arrested 25 years ago for 2nd DUi and his license was suspended. He has not had a license or license infraction or drove in over 25 years and would like to get it back. He wants to know can he legally get his license in other states ( does the Melanies Law apply only in the state of... View More
Assuming that your fiancé was convicted of 2nd offense OUI in Massachusetts 25 years ago, he may be eligible to reinstate his driving privileges in Massachusetts, providing that he has fully complied with all relevant obligations resulting from his conviction, including fines and fees. With...View More
Mistakes in police reports can be used at trial to demonstrate that an officer has formed a wrong conclusion or conducts sloppy investigations. However, some mistakes are so minor and inconsequential that calling attention to them could backfire. A seasoned trial attorney will know what can type...View More
For example, if your wife killed someone by driving under the influence of drugs and alcohol, and they are currently in the system for future sentencing. Can a civil attorney of the victim's family take her mortgage or the estate's value if she filed jointly with her husband who committed... View More
A Massachusetts attorney could advise best, but your question remains open for three weeks. This is something that would require more thorough analysis than solely looking at tax filing status (you mention filing jointly). Attorneys would look at ownership of the property and assets, not only tax...View More
Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... View More
Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that...View More
I was suspected of an OUI (first offense) and took a breathalyzer because I was under the impression that my license would be taken for an automatic 90-day suspension. After the 90 days, I was told by the Registry of Motor Vehicle Appeal Board that they wanted to hold my license until my case was... View More
There is no contract here. Driving is a "privilege" and not a right and therefore it is easier for the government to suspend or revoke your driving privileges. You should use the Find a Lawyer tab at the top of the page and consult with an attorney about the next steps, if not in the very...View More
If your driving privileges are revoked in New York (because New York cannot revoke an out of state license, only privileges), you need to complete the NY Impaired Driver Program (or out of state equivalent) and request a conditional license from New York State to be able to drive in New York....View More
Every organization is going to have different rules on what they consider and colleges are no different. You will want to contact a good MA attorney who can advise you as to the potential expungement proceedings.
The Commonwealth requested that the Court deny my motion to withdraw my guilty plea. The reasons were not given in a professional manner. The reasons for denial were very poorly investigated. The letter amazingly sloppy and amazingly careless and without merit. Why did the Judge ask the district... View More
The Judge sent it to the District Attorney because all Motions must allow for hearing from both sides. In addition, if the DA's office wanted to agree it simplifies the hearing and the Judges allocation of time. If they object, then the judge knows they have to schedule an adversarial hearing...View More
This is a difficult question to answer as it needs more facts before an attorney can advise you. If you are charged with a crime, including operating under the influence of alcohol, you should contact an experienced DUI defense attorney.
There are two sets of "testing" that officers and troopers in Massachusetts employ. One is field sobriety testing, the other is the breath test. The short answer is that your refusal to submit to any tests is inadmissible in Massachusetts courts. That means that the jury...View More
I am a teacher and am finger printed when offered a new job. Does this still show up even though the arrest was 7 years ago? How do i answer "have you ever been convicted of a criminal offense"? on a job application
That sounds like a criminal conviction. Have a lawyer review the orders of the court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,...View More
You can be charged with an OUI drugs for smoking marijuana. The officer should have had a drug recognition expert conduct some tests to determine if you were under the influence. Speak with a criminal defense attorney.
You have every right not to answer that specific question. That can be an incriminating statement that the police can use against you. You also do not have to take the field sobriety test or the breathalyzer.
I see no reason why not, unless a court ordered otherwise. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...View More
I actually did go back to Maine only to have the case postponed. Hired ME. lawyer after that. Lawyer got me an extension. Lawyer filed for a second and had it refused resulting in a bench warrant. I'm still MA. resident and haven't driven for 13yrs. Would like to apply for MA. license so... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.