Number 2. July 16, 1974

Number 2. July 16, 1974 Honorable David J. Lucey Registrar of Motor Vehicles 100 Nashua Street Boston, Massachusetts 02114 Dear Mr. Lucey: You have requested my opinion upon several questions arising as a result of the recent decision of a single judge of the United States Dis- trict Court for the District of Massachusetts in Cicchetti, et al. v. Lucey, Civil Action No. 73-3185-F, opinion entered May 21, 1974. There the court declared that Massachusetts General Laws, c. 90C, § 4, being violative of certain due process rights guaranteed by the Four- teenth Amendment to the United States Constitution, is unconstitutional on its face. Specifically, you inquire: (1) Whether you are correct in refusing to suspend an operator's license pursuant to G. L. c. 90C, § 4; (2) Whether you should take immediate steps to reinstate all licenses to operate currently under suspension pursuant to the provisions of c. 90C, § 4; and (3) What effect the declaration of unconstitutionality has upon your actions in suspending licenses pursuant to the provi- sions of c. 90, §§ 20A and 20C. P.D. 12 45 Inasmuch as a Notice of Appeal to the United States Court of Ap- peals for the First Circuit has been filed in Cicchetti, the issues pre- sented therein have not been determined with a finality which would warrant addressing the questions which you pose. Accordingly, 1 re- spectfully decline to render a formal opinion at this time. Of course, members of my staff are available to confer with you and advise you in- formally of the steps to be taken pending resolution of the appeal. Very truly yours, ROBERT H. QUINN Attorney General