Cases

Tirado v. Board of Appeal on Motor Vehicle Liability Policies & Bonds, 472 Mass. 333 – Mass: Supreme Judicial Court (2015)

The Massachusetts Supreme Judicial Court ruled that the Board of Appeal improperly reinstated Tirado’s driver’s license after a mandatory suspension for refusing a breathalyzer test. The court emphasized that the Board lacked discretion to override the automatic suspension required under state law (G.L. c. 90, § 24[1][f][1]) and clarified that hardship or mitigating circumstances cannot be considered in such administrative appeals. The decision reinforced the statutory mandate for license suspension upon refusal of a chemical test.

White v. DIRECTOR OF DIVISION OF UNEMPLOYMENT ASSISTANCE, Mass: Appeals Court (2013)

David W. White appeals from a judgment of the District Court that dismissed his complaint and affirmed the denial of his claim for unemployment benefits by the review board of the Division of Unemployment Assistance (DUA).[1] White argues that the review board incorrectly based the denial of benefits on G. L. c. 151A, § 25(e)(1), because he did not leave his employment voluntarily, and that had the review board applied the appropriate statutory provision, i.e., § 25(e)(2), the proof was insufficient to deny him benefits.

DiGregorio v. Registrar of Motor Vehicles, 78 Mass.App.Ct. 775 (2011)

Motorist appealed decision of the Board of Appeal on Motor Vehicle Liability Policies and Bonds, upholding revocation of his driver’s license and declining to rule on his request for a hardship license. The Superior Court Department, Hampden County, affirmed the Board decision, and motorist appealed. The Appeals Court held that: [1] eight-year revocation period began to run on date of motorist’s third conviction for operating under the influence (OUI), but [2] motorist was not entitled to hardship license. Affirmed in part and reversed in part.

Bresten v. Board Of Appeal On Motor Vehicle Liability…, 76 Mass.App.Ct. 263… (2010)

Motorist appealed decision of the Board of Appeal on Motor Vehicle Liability Policies and Bonds, affirming suspension of his driver’s license by Registrar of Motor Vehicles, pursuant to interstate compact on motor vehicle violations, based on motorist’s conviction in Colorado for driving while ability impaired (DWAI). The Superior Court Department, Suffolk County, affirmed. Motorist appealed. The Appeals Court held that Colorado offense was substantially similar to offense of operating a motor vehicle under the influence of alcohol (OUI). Affirmed.

Com. v. Ebrecht, 76 Mass.App.Ct. 1130 (2010)

Factual basis supported trial court’s conclusion that the state had established by a preponderance of the evidence that restoration of a driver’s license would likely endanger public safety, even though he had been acquitted by a jury on charge of operating under the influence of intoxicating liquor (OUI). Trial court relied on and assessed the testimony from the driver’s criminal OUI trial and the driver’s driving record. Trial court was satisfied that driver operated his vehicle under the influence of intoxicating liquor. Trial court noted that driver had three prior convictions of OUI, one of which included a speeding violation, and two motor vehicle accidents.

Com. v. Leboeuf, 78 Mass.App.Ct. 45 (2010)

Defendant charged with operating a motor vehicle on a suspended license filed a motion to suppress on grounds that officer’s warrantless administrative inspection of commercial vehicle violated the Fourth Amendment. The District Court Department, Middlesex County, reported case to the Appeals Court for resolution of an important question of law. The Appeals Court held that: [1] statute authorizing warrantless administrative safety inspections of commercial vehicles provided an adequate substitute for a warrant, and [2] random stop of commercial vehicle for the purpose of conducting administrative safety inspection was not unreasonable under the Fourth Amendment. Question answered; case remanded.

Com. v. McCormack, 76 Mass.App.Ct. 1117 (2010)

A judge did not err in denying a driver’s motion to restore his driver’s license which was revoked because he refused to submit to a breathalyzer test. The State rebutted the statutory presumption that the driver’s license should be restored by establishing that restoration of the driver’s license would likely endanger the public safety. The driver had two prior convictions of operating under the influence of intoxicating liquor and other convictions that involved alcohol which indicated that there was a likelihood of danger to the public from restoration of the driver’s license. M.G.L.A. c. 90, § 24(1)(f)(1).

Com. v. Murphy, 454 Mass. 318 (2009)

Driver who stopped at sobriety checkpoint was charged with operating a motor vehicle while under the influence of alcohol, third offense. The District Court Department, Norfolk County, granted driver’s motion to suppress evidence resulting from his seizure at the roadblock. State’s request for leave to file interlocutory appeal was allowed by the Supreme Judicial Court, Suffolk County, and case was transmitted to Appeals Court. Direct appellate review was granted. The Supreme Judicial Court held that police discretion to direct driver to secondary screening at sobriety checkpoint was constitutionally permissible. Reversed and remanded.

Com. v. Swartz, 454 Mass. 330 (2009)

Defendant, who was charged with operating a motor vehicle while under the influence of alcohol, third offense, filed a motion to suppress evidence. The District Court Department, Brockton Division, Suffolk County, granted the motion. The Commonwealth’s application for leave to file an interlocutory appeal was allowed in the Supreme Judicial Court for the County of Suffolk. The Supreme Judicial Court held that: [1] state police general order, which set forth protocols and guidelines governing police sobriety checkpoints, was constitutionally permissible; and [2] police sobriety checkpoint did not constitute in impermissible general search for contraband or criminal activity. Reversed and remanded.

Luk v. Com., 421 Mass. 415 (1995)

Defendant was charged with operating motor vehicle while under influence of intoxicating liquor (OUI). The District Court Department, Suffolk County, denied motion to dismiss. A single justice of the Supreme Judicial Court denied defendant relief, and defendant appealed. The Supreme Judicial Court held that: (1) license suspension and OUI prosecution resulting from same incident did not violate double jeopardy clause; (2) administrative license suspension for refusing to take breath alcohol test was not punitive for purposes of double jeopardy analysis; and (3) OUI and refusal to submit to chemical test were distinct offenses for purposes of double jeopardy analysis. Affirmed.

Statutes

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

10-Day Posting Requirement

Drug References

Exemptions/Exceptions/ Misc.

Disqualification from operating commercial motor vehicles (Railroad and Out of Service)

Other Penalties

Resources

News

Broadcast Library

Come To Order – Human Trafficking – Episode One

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode One: An Overview of Human Trafficking for Judges – August 27, 2025

This episode is the first in a four-part series on human trafficking and what judges need to know to address this issue in their courts and communities. All episodes in the series were recorded during a judicial human trafficking leadership workshop held at The National Judicial College. This first episode focuses on the definition of human trafficking and when and where judges are likely to encounter victims and others.

Guests include:

Judge Gayle Williams-Byers, a judicial fellow at the NJC and a retired judge from Ohio. Aaron Ann Cole of Funfsinn of Hicks & Funfsinn in Lexington, Kentucky. Previously, she worked as a prosecutor in Cook County, Illinois, in the special prosecution unit in the Kentucky Attorney General’s Office, and in the special prosecution unit of the Fayette County Commonwealth Attorney’s Office. She is on the faculty at the National Judicial College.

Judge Chris Turner, a Magistrate Judge in the Third Judicial District in Shawnee County Kansas.

Come To Order – Human Trafficking – Episode Two

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Two: The Judge’s Guide to Understanding the Systems Behind Human Trafficking – August 29, 2025

This is the second episode in a series designed to help judges understand human trafficking. This episode focuses on the often complex systems behind human trafficking and help explain some of the challenges in adjudicating these cases.

Guests include:

Dr. Jeanne Allert, the founder and director of the Institute for Shelter Care, a national initiative to address gaps in service and quality for victims of exploitation. She is also the founder of The Samaritan Women. She holds a PhD in Counseling and Psychological Studies.

Lindsey Lane, the director of strategic engagement at the Human Trafficking Institute in Georgia. She formerly was a human trafficking prosecutor and assistant district attorney in North Carolina and a senior assistant district attorney in Tennessee’s Third Judicial District.

Come To Order – Human Trafficking – Episode Three

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Three: How Bias May Prevent Judges From Recognizing Human Trafficking – September 25, 2025

This episode continues our series on human trafficking and what judges need to know and what they can do to help address this issue in their communities. It explores how biases may prevent judges from recognizing human trafficking in their courtrooms.

Guests include:

Dr. Joseph A. Vitriol, an assistant professor at Lehigh University in Pennsylvania. He holds a Ph.D. in social-personality and political psychology from the University of Minnesota, Twin Cities, and a BA/MA in forensic psychology from John Jay College of Criminal Justice.

Dr. Christine McDermott, who is a research fellow at the National Judicial College. She earned her Ph.D. and master’s in interdisciplinary social psychology from the University of Nevada, Reno and her bachelor’s degree from the University of Colorado, Colorado Springs.

Come To Order – Human Trafficking – Episode Four

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Four: How The Trucking Industry Is Fighting Human Trafficking & What Judges Need To Know – September 26, 2025

This is the final episode of our four-part series on human trafficking and what judges need to know and what they can do to help address this issue in their communities. This episode focuses on how the trucking industry is fighting human trafficking and how that may impact how cases end up before a judge.

Guests include:

Jake Elovirta, the Director of Enforcement Programs for the Commercial Vehicle Safety Alliance; Judge Chris Turner, who is a Magistrate Judge and director of Judicial Outreach in the Third Judicial District in Shawnee County Kansas; and Dylan Wecht, a Public Sector Engagement Specialist for Truckers Against Trafficking.

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Why Judge? “Unmasking” Procedural Fairness and Empathy for Self-Represented Litigants in Court

Course Description:

This webcast explores the concept of “masking” by self-represented litigants (SRLs) holding a Commercial Driver License (CDL), and its impact on procedural fairness. Masking occurs in everyday court adjudication procedures. When adjudicating SRLs, the language needs to be and appear “respectable” and avoid negative judgments within the courtroom. The presentation will examine how court discretion, implicit expectations of respectability, and the absence of active listening and empathy can impact SRLs’ judgements. Participants will learn to exercise these abilities while still upholding judicial ethical duties. Participants will gain insights into fostering courtroom practices that uphold procedural fairness while recognizing and responding to masking behaviors.

 

Course Objectives:

After this course, participants will be able to:

● Define masking in the context of CDL self-represented litigants and explain how it impacts procedural fairness and perception of credibility in court.

● Describe how respectability norms, court discretion, and language expectations can denigrate the challenges with CDL-SRLs and identify strategies to mitigate these barriers while maintaining judicial ethics.

● Demonstrate the use of active listening and empathy to recognize and appropriately respond to masking behaviors with ethos, fostering fair and respectful courtroom interactions.

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Impaired Driving and Alcohol/Drug Issues within Commercial Drivers’ License (CDL) and Commercial Motor Vehicle Cases

Course Description:

This national webcast provides judges with a comprehensive overview of current laws and emerging issues related to impaired driving within the context of Commercial Drivers’ License (CDL) and Commercial Motor Vehicles (CMV) cases. Topics include the federal and state legal frameworks governing alcohol and drug use among commercial drivers, with a particular focus on marijuana-related offenses and enforcement challenges.

 

Course Objectives:

After this course, participants will be able to:

● Identify current CDL/CMV alcohol and drug impaired driving elements and issues;

● Explain the concept of “masking” within CDL/CMV cases and recognize its state & federal impacts; and

● Reinforce foundational knowledge of current compliance requirements for CDL/CMV impaired driving cases.