Mitchell v. Bd. of Appeal On Motor Vehicle Liab. Policies
Mitchell v. Bd. of Appeal On Motor Vehicle Liab. Policies
Opinion of the Court
The Registrar of Motor Vehicles (registrar) revoked the plaintiff's class D driver's license for life after he was convicted in New Hampshire of operating under the influence of intoxicating liquor (OUI).
While the plaintiff's appeal to this court was pending, the board reconsidered the revocation of the plaintiff's class D driver's license and, after a second hearing, issued a modified decision ordering the registrar to issue him a hardship license. The hardship license is restricted to 6 A.M. to 6 P.M. and requires installation of an ignition interlock device for the plaintiff's lifetime. Given the board's modified decision, we ordered the plaintiff to submit a status report addressing whether he intended to proceed with his appeal. The plaintiff's response states that he is pursuing the appeal to have his license reinstated free of the restriction that he install an ignition interlock device.
Judicial review of the board's decision is governed by the established standards of G. L. c. 30A, § 14. See Burke v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds,
Nonetheless, the plaintiff argues that the board's decision should be overturned because it punishes him twice for the same crimes in violation of double jeopardy principles. It is settled, however, that the "purpose [of license revocation] is to protect the public from future harm by depriving the unsafe or irresponsible driver of his or her authority to continue to operate a motor vehicle. Because its main purpose is public safety rather than punishment, revocation of a driver's license is properly characterized as nonpunitive." Luk v. Commonwealth,
We construe the plaintiff's brief to also be arguing that the board's decision is unlawful because it applies the statute to him retroactively. But to the contrary, "[t]he application was contemporaneous, triggered by [the plaintiff's] request for reinstatement of his right to operate." Burke,
Judgment entered May 4, 2017, affirmed.
The registrar also revoked the plaintiff's commercial driver's license for life.
The plaintiff also suggests in his reply brief that he is seeking reinstatement of his commercial driver's license. We agree with the board, however, that the plaintiff waived that claim by failing to raise it before the board or the Superior Court. In his notice of appeal to the board, the plaintiff did not indicate that he was challenging the revocation of his commercial driver's license. Moreover, neither the board nor the Superior Court judge addressed the issue. We note in any event that G. L. c. 90F, § 9 (B), requires that a person "be disqualified for life" from operating a commercial motor vehicle if he has been "convicted of [two] or more" OUI offenses.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.