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Attorney Michael Delsignore explains how to appeal a license suspension for refusing the breath test in Massachusetts.

Transcript
Hi. It's Mike DelSignore at the Registry of Motor Vehicles in Boston, and this is where you would go if you needed to challenge a breath test refusal suspension. No matter where you are in the state, you have to come to Boston. You have 15 days to come here, including weekend and holidays to appeal the suspension. It's not much of a hearing, but they call it a hearing, and at the hearing, the hearing officer will get a copy of the report. I don't recommend people to give their version of events. The registry is never going to decide for you on that grounds. Technically, the registry has to proof that there was reasonable suspicion that you were stopped for OUI, probable cause that you were placed under arrest and you refused a breath test. I don't recommend having clients testify to those things.

I'll have you fill out a witness statement with your version, but you don't need to give the hearing officer description of your night and what you had to drink and things like that. That's not going to be effective at the registry. So, I appeal these things on a technical grounds about the form and the legal requirements the registry needs to follow in order to properly suspend somebody under the law. We've had many of these suspensions reversed. We've had many upheld. It is difficult to win a refusal appeal, but this is where you would need to come, Registry of Motor Vehicles in Boston. It's right near the Bell In Hand Bar, Downtown Boston Government Center. So, if you have questions about a breath test refusal appeal, feel free to call me. My name is Michael DelSignore. Glad to help. Call (781) 686-5924. Call weekends, holidays, it's never an inconvenient time. You can text as well.

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