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It is possible to successfully challenge a Massachusetts Breathalyzer Refusal Suspension. These suspensions can run from 6 months, for a DWI first offense, to lifetime, for a 4th offense DWI. There are numerous ways to fight an appeal a breathalyzer refusal license suspension in Massachusetts. The first challenge must be filed with the Mass. RMV within 15 days of the suspension date. This deadline is absolute. If you fail to file your breathalyzer refusal suspension appeal within this 15 day appeal period, you will give up the ability to challenge many aspects of the refusal and resulting license suspension.
There are three main issues to be addressed at the hearing. The first question is whether the police had reasonable grounds to believe that you had been committing the crime of driving under the influence. The second question is whether you were arrested and the third question is whether or not you refused to submit to the breath test or blood analysis. In order for your license to be suspended, the police must submit a legally adequate breathalyzer refusal report, which meets certain requirements. The report must document the breathalyzer refusal in a certain way. If the report is deficient, the Registry must cancel the refusal suspension and reinstate your license. The refusal process is governed by detailed laws and regulations. If these legal procedures are not followed, it may be possible to get the suspension overturned.
Attorney Brian E. Simoneau has an outstanding track record with breathalyzer refusal suspension appeals. He has eliminated these suspensions at various levels of the appeal process and gotten his clients licenses fully reinstated. If you are charged with DUI in Massachusetts and you refused the breathalyzer, you should absolutely challenge you refusal suspension. Many lawyers think that these refusal hearings are a waste of time; they're not. Contact Attorney Simoneau for a free review of your breathalyzer refusal situation. The consultation costs nothing and it may save your license.
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