Posted tagged ‘Driver’s License Suspensions’

MASSACHUSETTS HARDSHIP LICENSE

January 14, 2013

FIRST OFFENSE OUI HARDSHIP LICENSE APPLICATIONS TO THE REGISTRY OF MOTOR VEHICLES

The following is information regarding the availability of hardship licenses for people whose OUI cases have been disposed of in court pursuant to MGLc.90,s.24D.  Please be advised that this information is being provided solely for the purpose of allowing a defendant to better prepare for their hardship hearing before appearing at a Registry, and that the Registry may require other documents or information before rendering a decision.  At a minimum, please be aware of the following:

 Hardship licenses are available on any case where a defendant has been properly granted a disposition under MGL c.90, s24D.  The Registrar will not entertain requests in cases where the records of the agency reflect that such a disposition was not available to the defendant.

  1. In order to allow for the courts and the Registry to exchange information regarding these dispositions,
  2. hardship applicants must wait 3 business days after their court date before appearing at the Registry, and MUST first have appeared for in-take at their assigned first offender program.

Example:  On a court disposition on Monday, you may not appear at the Registry until Thursday.

Hardship applications may only be made at Registry locations that conduct hearings.  Presently, those branches are: Boston (630 Washington Street), Brockton, North Attleboro, Lowell, Worcester, Springfield and Lawrence. Theses locations are subject to change without notice.

You may not operate a motor vehicle until such time a hardship license may be granted.  Any evidence that you have been drinking since you have been suspended in this matter will be grounds for denial of your application.

You must provide the following documentation at the hearing:

:  Proof of hardship (i.e. employment, education, medical, etc.)

:  Proof of enrollment in a Massachusetts First Offender Program approved by the Department of Public Health.  No out of state programs authorized by MGL c.90, s24D.  You must first appear at the first offenders program that you have been assigned to for your initial interview, and have that documented on letterhead from the program.

IMPORTANT NOTE:  Hardship licenses are not available under this law if you are suspended or revoked for any reason apart from this case, if charges other than OUI in this case cause you to be suspended or revoked, or if these charges combined with other incidents on your driving record result in other suspension or revocation action.

For assistance with this or any other legal problem contact Attorney Richard Sweeney at 617-328-6900 or at RSweeney@Rsweeneylaw.com

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Mass Motor Vehicle Laws, Ticket Appeals, Driver’s License Suspensions and Fake IDs

June 16, 2010

APPEAL THE TICKET and call Sweeney & Associates at 617-328-6900 for a free consultation. TIME MATTERS!

Massachusetts has enhanced the penalties for speeding and for Junior operators receiving any motor vehicle citation. YOUR CHILD NOW FACES A LICENSE SUSPENSION FOR A SPEEDING TICKET OR FOR HAVING A FAKE ID. (SEE MY BLOG BELOW FOR DETAILED INFO ON FAKE ID’S IN MASSACHUSETTS!

Every parent and junior operator should be aware of the license loss they face under the states drunk driving laws and also for other moving violations including speeding and operating with other passengers in the motor vehicle. EVERY operator has a right to appeal any citation they receive and they should appeal and hire a lawyer familiar with these appeals.

DON’T ARGUE WITH THE POLICE OFFICER. DON’T RELY ON INTERNET QUICK FIXES. IN MASSACHUSETTS CLERK MAGISTRATES OF EACH COURT HEAR TICKET APPEALS AND THE RIGHT ATTORNEY CAN MAKE THE DIFFERENCE FOR YOU AND YOUR FAMILY!
The tables below should assist you and every teen should be aware of these penalties BEFORE they get pulled over by the police. Knowledge and prevention beats hiring a lawyer every day.

Driving with other passengers in first six months:
• 1st offense: $35 fine; plus 60 day license suspension
• 2nd offense: $35 – $75 fine; plus 180 day suspension; plus completion of registry program that encourages attitudinal changes
• 3rd offense: $75 – $150 fine; plus 1 year suspension; plus completion of registry program that encourages attitudinal changes

Junior Operator Driving between midnight and 5 am:
• 1st offense: $100 – $1,000 fine; plus 60 day license suspension
• 2nd offense: $100 – $1,000 fine; plus 180 day license suspension; plus completion of registry program that encourages attitudinal changes
• 3rd offense: $100 – $1,000 fine; plus 1 year license suspension; plus completion of registry program that encourages attitudinal changes

Permit Holder driving without an adult or between midnight and 5 am:
• 1st offense: $100 – $1,000 fine; plus 60 day learner’s permit suspension
• 2nd offense: $100 – $1,000 fine; plus 180 day learner’s permit suspension; plus completion of registry program that encourages attitudinal changes
• 3rd offense: $100 – $1,000 fine; plus 1 year learner’s permit suspension; plus completion of registry program that encourages attitudinal changes

Junior Operator drag racing:
• 1st offense: $250; plus 1 year license suspension; plus $500 to reinstate license; plus completion of the state courts against road rage program
• 2nd offense: $500; plus 3 years license suspension; plus $1000 to reinstate; plus completion of the state courts against road rage program

Junior Operator speeding (in addition to fines):
• 1st offense: 90 day license suspension; plus $500 to reinstate license; plus completion of registry program that encourages attitudinal changes; plus completion of the state courts against road rage program; plus $50 reinstatement surcharge; plus must retake and successfully complete driving test
• 2nd offense: 1 year suspension; plus $500 to reinstate; plus completion of registry program that encourages attitudinal changes; plus completion of the state courts against road rage program; plus $50 reinstatement surcharge; plus must retake and successfully complete driving test

Permit Holder speeding (in addition to fines):
• 1st offense: 90 day license suspension; plus $500 to reinstate license; plus completion of registry program that encourages attitudinal changes; plus completion of the state courts against road rage program; plus $50 reinstatement surcharge; plus must retake and successfully complete driving test
• 2nd offense: 1 year suspension; plus $500 to reinstate; plus completion of registry program that encourages attitudinal changes; plus completion of the state courts against road rage program; plus $50 reinstatement surcharge; plus must retake and successfully complete driving test

Junior Operator operating recklessly or negligently (in addition to fines):
• 1st offense: 180 day license suspension
• 2nd offense: 1 year license suspension, if it occurs within 3 year period of first offense.

SUSPENSIONS AND REVOCATIONS

When your license has been suspended or revoked by the registry of motor vehicles you must apply for a hearing to have it reinstated. A court order in some instances is NOT binding upon the registry of motor vehicles. For example a Court may treat a drunk driving offense as a first offense and order the standard first offense license suspension whereas the registry may see that, in fact you have more than one drunk driving offense on your record and they WILL treat the suspension as a second or third, etc. despite the court’s finding. That is why you need an experienced attorney to explain the outcome of any case.

The Registry will also suspend your license if you are found with a fake ID or are guilty of most drug offenses, whether a car was involved or not! Once again an experienced attorney can assist you.

Reinstating Your License

To reinstate your license or your right to operate, you may need to appear for a hearing at an RMV Hearing site. To be prepared for your hearing, please choose one of the following to view the registry’s criteria needed when appearing before a hearing’s officer for your particular type of suspension: OUI Hardship Criteria, First Offense (24D) OUI Hardship Criteria, (94C) Drug Offense Hardship Criteria, HTO Hardship Criteria.

If you had a hearing at the Board of Appeals and received a letter of decision rescinding or modifying the Registrar’s actions, you may appear at any Registry branch for reinstatement. Please bring the letter of decision with you.

Fees:

If your license was suspended or revoked, a reinstatement fee will be due when your license is reinstated. This fee ranges from $100 – $1,200, depending on the offense. This reinstatement fee is in addition to any other fee or charge for which you may be responsible.

Junior Operator Reinstatement Fees:

For reinstatement of a learner’s permit or junior operator license, a Driver Attitudinal Retraining Course and/or the State Courts Against Road Rage (SCARR) program may be required.

Payment Defaults

Non-Criminal Citation

If you defaulted on a non-criminal civil citation and have been suspended as a result, you must pay the fine to the court and bring the green court release forms to any Registry branch. There is a $10.00 filing fee to remove each default. In addition, a $100.00 reinstatement fee is required if your license or right to operate was suspended.

Non-Criminal Citation after January 1, 1992:

If you received a non-criminal citation after January 1, 1992, you may pay the citation, late fee and/or reinstatement fee by calling the registry or paying at one of their full service offices, or

Mail your fees to (Do Not Mail Cash):

Attn: Citation Payment
Registry of Motor Vehicles
PO Box 55890
Boston, MA 02205-5890

Criminal Citations

If you defaulted on a criminal civil citation and have been suspended as a result, you must pay the fine to the court and bring the green court release forms to any Full service Registry branch.

Out-of-State Suspensions and Revocations

If your Massachusetts license is revoked due to a suspension or revocation in another state, you must be reinstated in that state before you can resolve any revocation in Massachusetts. Once you have resolved the suspension or revocation in the other state, you may resolve your revocation in Massachusetts by bringing either a reinstatement letter or a current driving record from the state of suspension to any Registry branch

Please note, your reinstatement letter or driving record may not be more than 30 days old.

If you have any questions or need more information about your Massachusetts suspension or revocation, you may call the Suspensions Department at (617) 351-7200.

Call Sweeney & Associates at 617-328-6900 for a free consultation before you go to court or immediately upon receiving any notice from the Registry of Motor Vehicles.

Attached is a brochure outlining suspensions and revocations.

Elderly Drivers

Speaking with an elderly parent about surrendering a driver’s license is a delicate issue but one which most of us face at some point or another.  Given the importance of keeping everyone safe I have put together some information which is helpful to families that have to face this issue.  Attached is the Reporting requirements and medical report form needed for the RMV to take action.  They can also be found online at this link HERE.

The Massachusetts Registry of Motor Vehicles website has excellent links to resources that will be extremely helpful to both you and your family as they outline the best way to deal with elderly and/or medically impaired drivers as family members.  The first link is the Massachusetts Registry of Motor Vehicles link and the others can be found on this site.  Please be advised that should your parent or grandparent surrender his or her license then there would be no need for the reporting form and the registry will issue them Mass ID free of charge.  Should the necessity come up to file a report you should be explicit about the limitations and, whenever possible, speak to his/her doctor first.  If the doctor is in agreement with the family then he/she can submit the form and it will be revoked immediately.

The best way to approach this issue is with the family physician’s assistance.  Once the family members express concern to a family physician he/she can then sit down with the parent or grandparent and, as an interested caregiver, intervene on behalf of the family and assist the patient in understanding the necessity of surrendering the license.  Also it is important to remember that once a report is filed by a family member and it is contested a physician needs to sign off that the patient can drive.  Therefore it is always helpful to voice your concerns to her physician IF you need the assistance and definitely if you end up filing the revocation request.

As always if you need any assistance please contact us and we are happy to assist you and your family through the process.  We sincerely wish you and your family the best in dealing with this emotional issue.