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Legal News February 2008 Commercial Drivers License Rules and Regulations Applicable to Operating a Motor Vehicle Under the Influence of Alcohol
A first offender who holds a CDL will lose his privilege for one year and his employer must place the employee “out of service” until such time as his CDL has been reinstated. A second offense requires a lifetime suspension whether or not a commercial or non-commercial motor vehicle was being operated at the time of the offense. This penalty is a lifetime loss of license. A CDL may be restored in ten (10) years, as long as the holder of the CDL attends an alcohol rehabilitation program mandated by the state. Unfortunately, our Board of Appeals (which normally has authority in applicable cases to issue a hardship license) has no authority to issue a hardship commercial driver’s license. For more complete information visit our website at www.ianello.com under resource links, additional resources, Federal Motor Carrier Safety Administration - Rules and Regulations. Criteria for a
The applicant will also have to show that there is no public transportation which could be a substitute. Even under this section, however, in the event a hardship license is granted after an OUI suspension, an interlock device must be installed regardless of the number of years which have transpired between the first and second offense. |
Be Careful Using Your Cell Phone Camera
Abuse Prevention Massachusetts General Law provides that family or household members may apply for a restraining order against another family or household member who has attempted to cause or has caused physical harm or placed another in fear of imminent serious physical harm or caused another to engage in involuntary sexual relations. It is interesting to note that in addition to those originally intended for its protection such as husbands and wives and those living together, the statute has been expanded to those related by blood or marriage and those having a child in common regardless of whether they have ever been married. A substantive dating or engagement relationship is also covered.
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Auto Dealers Must Disclose Critical Facts
Late Diagnosis of Cancer Reduces Chance of Survival
The plaintiff was therefore at a very, very high risk of dying. Plaintiff’s expert opined that had the diagnosis been properly made and reported in 2002, her chances of survival would have been excellent for long term survival.
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This is a federal regulation adopted by the Federal Motor Carrier Safety Administration applicable to all commercial drivers’ licenses across the country. Our Massachusetts Registry of Motor Vehicles is mandated to follow these rules and regulations. 
After a drivers license has been suspended a hardship license may be granted generally for work but may also apply to a student going to school full time. Any documents presented to the Registry must be within thirty (30) days of your hearing. Additionally, a letter from your employer, on letterhead, must state the applicant’s need for a hardship license and your hours of work. (Remember this is a 12-hour license that may be given and the hours must start on the hour not on the half hour.)
A defendant on trial for drug trafficking was subsequently charged and convicted of intimidating a witness by the use of his picture-taking cell phone. The basis of the intimidation charge was that the defendant was taking pictures of an undercover agent and, although there was no evidence that the photographs were ever published over the internet or to any third party source, the court felt that the undercover officer’s safety had been impliedly threatened.
The technical aspects of this law can easily be overlooked. Since the issuance of a restraining order usually contains serious conditions, it is essential to make sure that those conditions are not unfairly or arbitrarily applied. Conditions which are doomed for failure will result in a criminal complaint against the defendant for violation of the restraining order, which could result in incarceration.
An automobile dealer, new or used, and even an automobile repair shop who sells a motor vehicle without disclosing to the buyer or prospective buyer any fact which would have influenced the prospective buyer not to buy the vehicle is a breach of warranty and a breach of our consumer protection laws. Since the law provides for up to triple damages, as well as attorney’s fees, costs and interest, it may be worthwhile to find an attorney to represent you in a lawsuit for damages against the dealer or repair shop.
There was a three-year delay when an original x-ray revealed a density in a woman’s chest. The radiologist never reported the findings to the primary care physician or the plaintiff. Finally in April of 2005, the plaintiff presented to the hospital with chest pain and it was determined after the same x-ray was examined and a new one was taken, that the plaintiff’s tumor, which should have been diagnosed in 2002, had metastasized to her chest wall and lungs. She was ultimately diagnosed with Stage 4A melanoma, a type of mediastinal cancer.