DUI in Massachusetts (MA) before law changed!!!

This is a discussion on DUI in Massachusetts (MA) before law changed!!! within the Trials & Sentencing forum, part of the Other Criminal Law Matters category; I was convicted of a DUI back in 1995, HOWEVER my question is the following, The date of my actual ...

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Old Mar 13th, 2011, 10:42 AM   #1
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Default DUI in Massachusetts (MA) before law changed!!!

I was convicted of a DUI back in 1995, HOWEVER my question is the following, The date of my actual offense was April 28, 1994, charges filed by PD on May 24. 1994, BUT the law CHANGED on May 27, 1994 and the penalty for the DUI was increased to 2 1/2 yrs here in MA. I was not convicted of DUI until April of 1995! shouldn't I have been "penalized" under the original law and NOT the "new" law? The reason I ask is because due to the POSSIBLE sentence of 2 1/2 yrs, it disqualified me for gun ownership.
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Old Mar 13th, 2011, 01:47 PM   #2
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Default re: DUI in Massachusetts (MA) before law changed!!!

I wish to inform you that you should not be given greater punishment under new law than the existing law. In this regard, Clause 1 of Article I, Section 10 of the US Constitution restricts States from making ex post facto laws and therefore increase in punishment can be for future crimes and not for past acts like yours. You could only have been punished with the past lesser punishment.

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Old Mar 13th, 2011, 02:55 PM   #3
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Default re: DUI in Massachusetts (MA) before law changed!!!

I thank you for your answer on this issue! I had a feeling that I was denied a firearms license due to the court records not specifying which "law" version I was guily of, I have to now find out to whom and how to "appeal" this here in MA , so I am thinking I was denied my Firearms License in error now, but how to fix it MAY prove to be impossible I fear!
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Old Mar 13th, 2011, 03:03 PM   #4
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Default re: DUI in Massachusetts (MA) before law changed!!!

I just registered so I am no longer listed as "Unregistered" I do thank you AFFA, I will not say that the answer wasn't what I wanted to hear, it is just now I must find out how I can "correct" my CORI! I have sent for it on Friday past, so hoping it will get here soon so that I may attempt to have it show correctly then. I have had 2 answers to this question from lawyers, 1 said I SHOULD have been charged under the "NEW" law theother said I should not, you have been the "tie breaker" so to speak!
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