Tuesday, August 2, 2011
Reinstated License in Massachusetts for CTR?
I got arrested for allegedly OUI and some traffic violations, I allegedly refused the breathalzyer. i'm 17 and my license is currently suspended for 4 years. 3 for the refusal under 18 and another year for the OUI charge. I had my case heard at the RMV and it got denied. I made no statements that confirmed a legal refusal but my statements to them made no sense to what the hearing is limited to, which is 1: did the officer have reasonable grounds to suspect OUI. 2: Were you arrested and 3: did you refuse the breathalyzer. I have an appeal with the courts because my RMV hearing go denied. My lawyer said that there has to be signatures on the affidavit of refusal from a witnessing officer and the officer that I refused it to. These are nowhere on there and the spot for the signature(s) on my copy is blank. However, the names are listed on the CTR report, But it just lists the names and bears no signatures. Also it does not explain the grounds on which I allegedly refused it. Anyone been through this process to let me know how it could work?
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