Tirado v. Bd. of Appeal on Motor Vehicle Liability Policies & Bonds
Annotate this CaseEach plaintiff in these consolidated appeals was licensed as a commercial driver and was charged with operating a motor vehicle while under the influence of intoxicating liquor. Each plaintiff admitted to sufficient facts to warrant a finding (CWOF) of guilty, and the judge continued the cases without a finding of guilty. The registrar of motor vehicles determined that the admission and CWOF were a “conviction” and suspended the commercial drivers license of each plaintiff. The Board of Appeal on Motor Vehicle Liability Policies and Bonds affirmed each decision of the registrar. The superior court vacated the Board’s decision in each case, determining that a CWOF is not a conviction as that term is defined in Mass. Gen. Laws ch. 90F. The Board and the registrar appealed. The Supreme Judicial Court vacated the decisions of the superior court and entered judgment in favor of the Board, holding that an admission to sufficient facts to warrant a finding of guilty and the judge’s continuance of the case without a finding of guilty is a “conviction” as that term is defined in Mass. Gen. Laws ch. 90F, 1.
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