Legal Opinion

Dalton v. Div. of Ins. Bd. of Appeals

Massachusetts Appeals Court

Decided March 21, 2018No. 17–P–705Published

1Opinion of the Court

The plaintiff, Andrew Dalton, appeals from a Superior Court judgment affirming a one-year loss of license that was imposed on a July 9, 2015, conviction of operating under the influence of liquor (OUI), G. L. c. 90, 24(1)(a )(1). On appeal, Dalton contends that the revocation was in violation of G. L. c. 90, § 24D, and implicated several constitutional rights, including being in violation of due process, double jeopardy, and the separation of powers clause. We affirm.

Background. On January 26, 2015, Westwood police arrested Dalton for OUI. This was his first OUI arrest and, thus, it qualified…

2Cases cited6 opinions

  1. Mole v. University of MassachusettsMassachusetts Supreme Judicial Court · 2004
  2. Luk v. CommonwealthMassachusetts Supreme Judicial Court · 1995
  3. Grady v. Commissioner of CorrectionMassachusetts Appeals Court · 2013
  4. Breslin v. Board of Appeal on Motor Vehicle Liability Policies & BondsMassachusetts Appeals Court · 2007
  5. DiGregorio v. Registrar of Motor VehiclesMassachusetts Appeals Court · 2011

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