Penalties for Massachusetts DUI offenses and forfeiture of motor vehicle

September 13, 2009
By Michael DelSignore on September 13, 2009 10:52 AM |

Massachusetts DUI law allows the Commonwealth to move for forfeiture of the motor vehicle of any motorist convicted of three or more DUI offenses. A Fall River man may face forfeiture proceedings as the Easton police will attempt to seize the motor vehicle of Ronald Marovelli.

Under Massachusetts law, Chapter 90 Section 24W the Commonwealth can petition the court for forfeiture of the motor vehicle of any motorist convicted of three prior OUI offenses in Massachusetts or any other state. The forfeiture proceeding is a civil suit that the Commonwealth can initiate either in the district or superior court having jurisdiction over the criminal case. If the motor vehicle is jointly owned, the OUI defendant shall have the burden of proving that the vehicle is not subject to forfeiture because the claimant is dependent on the motor vehicle for the livelihood or maintenance of his or her family.