Registry of Motor Vehicles v. Wehry

INTRODUCTION

The plaintiff, the Registry of Motor Vehicles (Registry), seeks certiorari review, pursuant to G.L.c. 249, §4, of an order of a district court judge reversing the Registiy’s decision to suspend James L. Wehry’s (Wehiy) driver’s license for 120 days for refusing to take a breathalyzer test. For the following reasons, the Registiy’s motion for judgment on the pleadings is ALLOWED.

BACKGROUND

The facts of this administrative appeal are not in dispute. On January 25, 2002, at approximately 8:00 p.m., Wehiy was operating a motor vehicle that was involved in an accident on Route 8 in the…