Posts tagged "1112116"

Burke v. Board of Appeal on Motor Vehicle Liability Policies and Bonds, et al. (Lawyers Weekly No. 11-121-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   15-P-117                                        Appeals Court   JOSEPH L. BURKE  vs.  BOARD OF APPEAL ON MOTOR VEHICLE LIABILITY POLICIES AND BONDS & another.[1]     No. 15-P-117.   Suffolk.     March 16, 2016. – September 12, 2016.   Present:  Cohen, Katzmann, & Blake, JJ.     Board of Appeal on Motor Vehicle Liability Policies and Bonds.  Motor Vehicle, Board of Appeal on Motor Vehicle Liability Policies and Bonds, Operating under the influence, License to operate, Homicide.  License.  Registrar of Motor Vehicles, Revocation of license to operate.  Administrative Law, Agency’s interpretation of statute.  Statute, Construction, Retroactive application.       Civil action commenced in the Superior Court Department on December 9, 2013.   The case was heard by Edward P. Leibensperger, J., on a motion for judgment on the pleadings, and a motion for reconsideration was considered by him.     Brian K. Wells for the plaintiff. David R. Marks, Assistant Attorney General, for the defendants.     KATZMANN, J.  In this appeal, we are again asked to consider whether a lifetime suspension is appropriate for a driver who, after having committed an operating under the influence (OUI) offense, causes a fatality in the course of a second OUI offense.  Plaintiff Joseph Burke appeals from a judgment of the Superior Court upholding a decision of the defendant Board of Appeal on Motor Vehicle Liability Policies and Bonds (Board) that affirmed the denial by the Registrar of Motor Vehicles (registrar) of Burke’s application for reinstatement of his driver’s license pursuant to G. L. c. 90, § 24(1)(c)(4), as amended through St. 1982, c. 373, § 4, as well as the registrar’s permanent revocation of that license, on the basis that Burke’s second drunk driving offense resulted in a fatality.[2]  We affirm. Background.  On February 27, 2000, Burke, was arrested for OUI after a motor vehicle accident in Rehoboth.  On May 1, 2000, Burke admitted to sufficient facts for a finding of guilty of OUI in connection with the February incident but received the benefit of a continuance without a finding of guilty (CWOF) for one year until May 1, 2001, during which time he was placed on probation.  The terms of his probation included a 180-day loss of license and an assignment to an alcohol education program. On August 6, 2000, while still on probation with his license suspended as a result of the incident the previous February, Burke drove a […]

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Posted by Massachusetts Legal Resources - September 12, 2016 at 3:34 pm

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