Vacating a Massachusetts DUI Conviction
In rare cases, as a last resort, it may be possible to vacate a Massachusetts DUI conviction by filing a motion for a new trial. In situations where an OUI defendant pled guilty to the crime and did not have a trial by judge or jury, it is sometimes possible to vacate the guilty plea by asserting that, at the time he or she pled guilty to operating under the influence, the defendant was not advised of the collateral consequences of his plea or his constitutional rights to confront witnesses and have a trial by jury. Basically, the motion for a new trial would allege that the guilty plea in the DUI case was not made knowingly and intelligently.
The prosecution, of course, has the right to challenge and oppose the motion for a new trial and if the prosecution produces documentation showing that the drunk driving defendant voluntarily waived his rights to a jury trial, the motion must be denied. In Massachusetts DUI cases, there is no time limit for filing a motion to vacate a guilty plea, which must be addressed to the judge who initially handled the DUI case, unless he or she is unavailable, as is often the case.
In the case of Padilla v. Kentucky, which is pending before the United States Supreme Court, it will be determined whether an attorney's failure to notify his client about the consequences triggered by a guilty plea constitutes ineffective assistance of counsel, which would allow the guilty plea to be vacated. Depending on the court's decision, this case may have a substantial impact on guilty pleas in Massachusetts OUI cases. Indeed, many attorneys fail to inform their clients about the harsh and severe license suspension penalties which they will face because of Melanie's Law.
If the above-described motion is successful, it may be possible to have the DUI charges dismissed or to obtain a not guilty verdict. If any one of these outcomes is achieved, as is often the case, then the guilty charge on the DUI defendant's record is replaced with either a not guilty or dismissal. The clerk's office of the District Court should notify the Massachusetts Merit Rating Board and Registry of Motor Vehicles by sending a new abstract of the case, either electronically or by mail. Once this occurs, the driver can go to the Registry for a hearing and request that any resulting DUI license suspension be reduced or eliminated completely.
