MA OUI Conviction (1985) Vacated

MA resident facing new 2019 DUI 1st Offense charge in New Hampshire. Counsel advises client that guilty finding in NH will trigger eight (8) year loss of Massachusetts driver’s license as 3rd lifetime offender under Melanie’s Law Lifetime Lookback provision. Client has prior OUI findings in MA in 1985 and 1992. Motion to Vacate 1985 OUI conviction allowed by Court in 2020. Defense files and argues Motion to Vacate due to client’s unknowing and involuntary plea in 1985. Supporting affidavit from client establishes that he was 21 years old at time of plea, which was same morning as his arrest, and he proceeded on the advice of a police prosecutor “to pay a fine and get it over with” without the advice of an his own attorney or an understanding of the charge, his rights and the consequences of his plea.

29 years of Proven Results.

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