Judge gave 1 year without license on plea bargain but rmv gave 8. How do I reconcile this?

Asked on June 26, 2009 under Criminal Law, Massachusetts

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Massachusetts lawyer, but I suspect that this has to do with your prior driving record.  There should be some indication of the reason for the longer license suspension on the notice you received.

In most states, the motor vehicle agency has the power to suspend your license for repeated violations of the law, over and above what the court has done on a specific ticket.  It's also possible that your plea bargain got you a sentence that wasn't actually legal (too low), if the judge wasn't aware of prior DUI convictions.

Or, it could be a mistake, or an unreasonable decision by the agency.  It happens.  The notice should also have given you some information about how to challenge the suspension.  For more information, and advice that you can rely on based on all the unique facts of your case, you need to talk to an attorney in your area.  One place to find a lawyer is our website, http://attorneypages.com


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