On August 10, 2018 the Board of Appeals voted 3-0 to overturn a Registry of Motor Vehicles lifetime license suspension.
On November 28, 2002 our client was pulled over at 12:52 A.M. The significance of having been pulled over at 12:52 A.M. vs. 11:52 P.M.on November 27, 2002 meant the difference between a first offense OUI and a fifth offense OUI. On November 28, 2002 the Massachusetts Registry of Motor Vehicles adopted a lifetime look-back period when it came to calculating prior OUI convictions. Prior to November 28, 2002 the look-back period was limited to examining convictions from the prior ten years. Our client was pulled over just 52 minutes after the new policy started. Our client went to trial and was found guilty of OUI in 2002 and the Registry of Motor Vehicles subsequently suspended his license for life.
Under the law there is no specific authority for the Registry of Motor Vehicles to consider hardship relief for a person suspended for life. Attorney Gilman took on the Registry and won! Our client served two years in Vietnam and prior to the 2002 OUI his last OUI arrest was in 1984. For his service to the United States our client earned the rank of Sergeant in the United States Army. Following his tour of duty our client was awarded the Bronze Star Medal for Heroism, the Purple Hearst for wounds received in action and the Army Commendation Medal for Service. The Commendation Medal was awarded to our client due to his heroic actions in 1968. After his company came under enemy fire, our client left his covered position, crawled through enemy fire to signal gunships to the team's location. These actions enabled the team to be evacuated and to the success of the mission.
Attorney Gilman proudly told his client's story. The story was not just about our client's service but also his current sixteen years of sobriety. That since 2002 our client has remained sober. He got married, bought a house and became active in the Western Massachusetts VA Community. An extensive substance abuse evaluation was completed by Mr. John Christian that reflected a low risk of recidivism.
Just seven days after the hearing was concluded our client was notified that the Board of Appeals had voted 3-0 to order the Registry of Motor Vehicles to issue him a Hardship License! The Board saw right through the Registry of Motor Vehicles and came back with an appropriate and reasonable decision.