Convicted of OUI 2x

[Palladin]

A buddy of mine as a MA LTC-A; Has had it for 20+ years but also has two OUI convictions, one in MA from 12 yrs ago and one in NH from 3yrs ago. Never did time, just fines & loss of license for 1yr.

His LTC comes up for renewal this year, will these appear with his background check and if so, why haven't they yet?

 

[Lugnut]

You can bet on it. No idea how it wasn't revoked to be honest with you.

 

[Western Man]

...

I was able to get my LTC-A even though I had an OUI conviction 5 years before. However, there was some loophole I used on the question asking if I'd been convicted of a misdemeanor punishable by more than 6 months in jail.

But a second OUI conviction in MA gets you a mandatory 30 days in jail and license loss of 1 year. I'm not sure if it makes much of a difference that his arrest was in NH. Tell him to get a lawyer because a licensing officer won't renew when he answers truthfully on his application.

 

[KMaurer]

It doesn't matter in the least what one actually gets or what the statutory minimum is, but what the maximum possible sentence is. The fact that the second offense was in NH is very significant, since it's their possible penalties that determine the outcome, not those of Massachusetts. Of course, there's always the issue of "suitability", so even a single offense, continued without a finding, 40 years ago could do one in.

Ken

 

[stinx]

In Ma OUI is considered the same as a crime of violence. any conviction after Oct of 94 or 98 I forget which is a disqualifer for a LTC.

 

[LoginName]

In Ma OUI is considered the same as a crime of violence. any conviction after Oct of 94 or 98 I forget which is a disqualifer for a LTC.

May 94 (1st offense conviction was raised to 2 1/2 years).

Even then (as pointed out), a CLEO could deny an LTC for a DUI conviction prior to that date based on "suitability".

 

[Palladin]

Thanks guys. You reinforced the thoughts I had on this.
If he gets a renewal I'll be amazed.

 

[Moderator]

Look at the bright side, you may be able to get a really sweet deal on some guns.

 

[Palladin]

Look at the bright side, you may be able to get a really sweet deal on some guns.

Being the sick prick that I am.......THAT's exactly what I was thinking!

 

[Rob Boudrie]

However, there was some loophole I used on the question asking if I'd been convicted of a misdemeanor punishable by more than 6 months in jail.

What state? This is not one of the questions on the MA form. Also, there is a question asking if you have ever been a defendant in a case other than a non-criminal traffic violation.

 

[JonJ]

Look at the bright side, you may be able to get a really sweet deal on some guns.

Being the sick prick that I am.......THAT's exactly what I was thinking!

And in return you can make sure he goes to AA meetings.

 

[drd3696]

What is the maximum sentence for a first dui in N.h. is it a misdemeanor ,should you take the deal they usually offer, people I know got it to be 90 day suspension and a few hundred dollar fine they live in ma.

 

[Cross-X]

To reiterate, it's not the sentence someone receives for an offense, but rather it's the maximum possible sentence.