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Your Mass. DWI case might not be over with a not guilty verdict. For example, if your license was suspended because of a breathalyzer refusal, your attorney must file a motion with the court to have your license returned. There will be a license suspension court hearing on this motion and the judge is required to make findings of fact regarding the return of your license. The prosecution is entitled to oppose the return of your license on the grounds that returning the license, even with a not guilty verdict or a dismissal of the charges, would endanger public safety.
If you were found guilty of DWI, there are certain appellate and post conviction remedies which might be available. These remedies include a motion for a new trial or a motion to revise and revoke the sentence. Also, even after a guilty finding on a DUI First Offense, it may be possible to get essentially the same outcome as if you had pled out. This means that, in some cases, you may be able to get a first offender treatment and a hardship license, upon enrollment in to the 24D First Offender Program. It might also be possible to get a 2nd offender alcohol program assignment. Contact a DUI defender today for a free consultation.
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