Articles Posted in License Suspensions for DUI / OUI

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Paolo Rogerio Bersan, 39, of Everett, was arrested and charged with Massachusetts Drunk Driving Charges earlier this month when his truck was pulled over for being in an area over the weight limit.

Berson arraigned in Dedham District Court on Operating a Motor Vehicle After License Suspended for DUI / OUI.

According to the Wellesley Police Department, an officer in the area of Washington Street stopped the truck allegedly driver by Paolo Rogerio Bersan because the area had a weight limit of 5 tons. Besan’s truck was believed to weigh greater than 5 tons, and was eventually weighed and found to be 7.5 tons.

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In a case recently decided by the Massachusetts Court of Appeals concerning the calculation of a driver’s license suspension as a result of DUI / OUI Charges, the Registry of Motor Vehicle must calculate the suspension period dating back to the date of conviction, and not the date on which the RMV is notified of the conviction.

In the case of Commonwealth v. William DiGregorio, the defendant had been convicted of Operating Under the Influence of Alcohol, 3rd Subsequent Offense in 2004 (in CT). He was previously convicted of drunk driving in Massachusetts in 1997, and in Connecticut in 2000. Massachusetts DUI laws provide for an 8 year loss of license upon a 3rd drunk driving conviction.

The Massachusetts Registry of Motor Vehicles, however, did not learn of the 2004 OUI conviction until December 26, 2007, and then sent him a letter advising him that, effective January 5, 2008, his license would be suspended for 8 years, or until January 5, 2016.