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Criminal Defense Blog

CDL Appeals update

Posted by Adam Russell | Aug 05, 2015 | 0 Comments

A CWOF means a conviction for the revocation of a CDL under G.L. c. 90F, § 1. Tirado v. Board of Appeal on Motor Vehicle Liability Policies and Bonds (and two consolidated cases) SJC-11818, July 28, 2015. Today, the Court reasoned that a CWOF is a conviction for CDL purposes because the word CWOF is not found elsewhere in the statute for revoking a CDL. G.L. c. 90F § 1. This is consistent with the decision in Souza v. Registrar of Motor Vehicles, 426 Mass. 227 (2012), but achieves the opposite result for a driver.

The tender of a plea and CWOF, absent a later entry of dismissal, in Massachusetts courts, meets the definition of a conviction because it has been determined that the defendant has violated or failed to comply with the law. The Court's holding today is further supported by the point that a Judge may enter a finding of guilty and impose sentence without taking any further evidence of the underlying offense after a violation of the conditions of a CWOF.

The Court did not address how violating the conditions of a disposition under G.L. c. 90, § 24D differ from other probation violation proceedings

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Adam Russell

Adam C. Russell is a battle tested criminal defense lawyer. He has earned a reputation of getting results for repeat offenders. Russell Defense Firm uses an independent investigation designed to prove your side of the story in court. BREATHALYZER LAWYER An experienced chemical breath test lawye...


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