Civil violations, such as not obeying traffic signals or speeding, are considered non-criminal and can usually be settled by paying fines. If you receive a citation from a law enforcement officer for a civil motor vehicle infraction (CMVI), you must pay the required fine or request a court hearing to dispute the citation within 20 days.

If you do not respond to a citation within 20 days, you will be found responsible and charged a substantial late payment fee. Continued failure to pay the citation and late fee will cause your license to be suspended. Paying a motor vehicle citation fine means you accept responsibility for that violation. Your driving record will note that you have accepted responsibility for a citation whether you paid the citation by mail, requested a hearing and were ordered by a court to pay the fine, failed to appear for your hearing or you failed to respond to the citation within the 20-day period.

As of July 1, 2009, all requests for a clerk magistrate hearing are subject to a $25 filing fee. The fee is collected by the court at the time of your hearing. DO NOT mail the $25 filing fee with your request for a court hearing.

All moving violations are tracked in Massachusetts by the RMV and are recorded on your driving record. Moving violations can affect your motor vehicle insurance rate and may cause your license to be suspended.

Parking violations are not considered CMVIs. They are handled by the city or town that issued the citations or tickets. However, unpaid parking violations will prevent you from renewing your driver's license or vehicle registration.

The Mass. RMV will automatically suspend your driver's license if you accumulate any combination of 5 moving violations (citations / tickets) and/or surchargeable accidents within any 3-year period. If your license is suspended for 5 surchargable events, you cannot get any type of hardship or work license. If your driving record is accurate, the RMV will not reinstate your driver's license unless and until you take the required remedial driving class.

You have 90 days to provide proof that an 8 hour National Safety Council course has been completed. To schedule a Safety Course call 800-215-1581. Once the course is completed the National Safety Council will electronically notify the Registry of Motor Vehicles and the pending suspension will be cleared without a reinstatement fee. This course is also required for reinstatements from habitual traffic offender revocations and JOL speeding violations. If you fail to complete and pass the course within the 90 day time frame, the suspension will become effective on the date listed on the notice. The National Safety Council course must still be completed, and a $100 reinstatement fee will be due. This suspension is mandatory under Massachusetts law.

The Board of Appeal of the Massachusetts Division of Insurance of the Office of Consumer Affairs and Business Regulations has the legal authority to reverse or modify decisions of the Massachusetts Registry of Motor Vehicles. The Board hears license suspension appeals and Massachusetts hardship license cases in various locations throughout the state.

The Board was previously located on the third floor of the Boston branch of the Mass. RMV at 630 Washington Street in Chinatown. The Board has since  moved to South Station in Boston.

Effective Monday, March 22, 2010, the RMV Board of Appeal will be moving again. Both the Commonwealth of Massachusetts Division of Insurance and the Board of Appeal on Motor Vehicle Liability Policies and Bonds will be relocating to new offices. The new address is: 1000 Washington Street, 8th floor Boston MA 02118. Boston Hardship License Hearings will be conducted at the Board's office. The Board also holds hearings in Plymouth, Marlborough, and Springfield.

In the case of Kevin Perry v. Massachusetts Registry of Motor Vehicles, a superior court judge ruled that it was improper for the Registry of Motor Vehicles to suspend Perry’s license, for unlawful possession of a class b controlled substance with intent to distribute, years after his drug conviction.

On October 5, 2005, Perry was convicted in the U.S. District Court for the District of Massachusetts of possession of a class B controlled substance (ecstasy) with intent to distribute it. He was sentenced to ninety-four months in prison. (The feds. don’t play).

After his release, Perry went to the Registry to renew his driver’s license on or around April 11, 2008. At that time, the Registry learned of his 2005 federal drug conviction.  On April 11, 2008, the Registry, officially notified Perry, that his driver's license would be suspended for three year beginning on April 21, 2008, pursuant to the Registry’s drug suspension guidelines. The Registry noted that it could not consider a request for a hardship license until Perry has served at least half of the assigned 3 year drug suspension period.

Perry appealed, claiming that the Registry lacked the lawful authority to suspend his license years after his drug conviction.  In ruling on his appeal, the superior court held as follows: “The proper date for the start of Perry's driver's license suspension must be October 5, 2005, the date of his conviction for possession of a class B controlled substance with intent to distribute it. That suspension began automatically on October 5, 2005, as an ancillary part: of his criminal proceedings in federal court.”

The court also ruled that “[w]hile G.L. c. 90 § 22(f) is' silent as to when a driver license suspension should commence, the fairest and most reasonable interpretation is that the suspension must begin immediately upon conviction, and not notice to the Registry.”

This ruling can be used in cases where the Registry delays suspending someone’s license for sometimes as long as several years after conviction.

I get lots of inquiries from people who made the mistake of representing themselves at the Board of Appeal. They tried to get hardship licenses and were denied by the Board. Desperate to get back on the road, they often contact me to appeal their suspensions to superior court. This post will briefly summarize the superior court hardship license appeal process. 

Drivers who are denied a hardship license by the Massachusetts Registry of Motor Vehicles have the right to appeal the denial to the Mass. RMV Board of Appeal. The Board has the legal authority to overrule the Registry’s hardship license denial. Pursuant to the Massachusetts Administrative Procedures Law, those who lose their Board of Appeal hearings and are denied hardship licensing have the right to appeal to superior court.

Superior court appeals of Board decisions must be filed within 30 days of receipt of the Board’s decision. This 30 day requirement cannot be waived and the superior court has no power to hear and decide a late appeal. No new evidence is heard at the superior court level. Instead, the judge will review the information that was before the Board of Appeal. For this reason, it is absolutely critical to put the right facts and circumstances on the record. If you’re serious about getting a hardship license, you should hire a lawyer who routinely practices before the RMV Board of Appeal.

Review of a hardship license denial at the superior court level is confined to legal issues. The superior court judge will almost always defer to the Board of Appeal. To succeed in superior court, the hardship license appellant must show that the Board made a legal error or that its decision was not supported by substantial evidence. For all of intents and purposes, it is extremely difficult to win a hardship license appeal in superior court. Judges will almost always defer to the Board’s judgment and expertise. It is, therefore, very important to “fight to win” at the Board of Appeal level. This hearing is, usually, the last opportunity to present evidence and getting a license from the Board usually represents the best chance of success.

There are other cases where there are suspension-related legal issues to be decided. In these cases, which involve the interpretation of DUI and Massachusetts license suspension laws, superior court judges are generally more likely to reverse the Board’s decision. 

I receive a high volume of inquiries from prospective clients who are seeking relief from license suspensions which range in length from 30 day to lifetime. Some are looking for a hardship license, while others are trying to prevent, eliminate, vacate, or appeal a license suspension. Some people can be helped while others cannot. The following are the six most common situations where even the best License Suspension Lawyer generally cannot help.

First, if you are legally required to have the ignition interlock device, because of Melanie’s Law, you have to have it. In the case of Gordon v. Massachusetts Registry of Motor Vehicles, the Massachusetts appeals court declared that the interlock law was constitutional and not “ex post facto.” If you can prove non-residency, you may be excused from having the interlock. However, you cannot drive in Massachusetts without it.

Secondly, if have any active warrants or you owe money for child support, excise tax, citations, traffic tickets, fines, fees, or property damage claims, you will not get your license back unless and until everything is paid and any outstanding warrants are cleared. This is true even if the Board of Appeal orders the RMV to issue a license. The Board’s order is contingent upon the payment of all outstanding debts and the Board of Appeal does not waive Massachusetts license reinstatement fees.

Third, if you are required to take the National Safety Council Driver Re-training program, the State Courts Against Road Rage Class, or the NSC Alive at 25 course, you must do so prior to getting your license back. The Board of Appeal does not excuse anyone from these mandatory classes. Remedial driving classes are required for certain JOL violations, such as speeding, Habitual Traffic Offender reinstatements, 5 surchargable event suspensions, and in some immediate threat or regulatory complaint cases. Again, if you are required to take these classes, there is no way around them.

Fourth, if your license is suspended or revoked under reciprocity, through the National Driver Registry (NDR,) you must clear the revocation in the state where it originated. The RMV will not grant you a hardship license on an NDR revocation or out of state suspension. You cannot convert an out of state hardship license or right to drive into any kind of Mass. license.

Fifth, most CDL suspensions and revocations are statutory and mandatory. Neither the Mass. RMV nor the Board of Appeal authorize the issuance of CDL hardship licenses. Also, the Board does not excuse drivers from mandatory CDL re-testing and re-licensing procedures.

Sixth, if you are seeking a Massachusetts Hardship License, you must have served the minimum about of suspension time and you must have a documented and legitimate hardship, such as not being able to get to work, school, or medical appointments. Both the RMV Board of Appeal and the Massachusetts RMV routinely turn down unemployed individuals who are seeking work licenses.

Hopefully, this information will help you avoid wasting your time and money by trying to get a license which may be impossible to get. If you have further questions regarding license suspensions and revocations, please contact me for a free consultation and review of your situation.

Many people who have their license suspended or revoked for DUI, Habitual Traffic Offender, drug convictions, or any of the other 64 reasons to lose your license in Massachusetts do not realize that there is no automatic right to obtain a Massachusetts hardship license, whether from the Massachusetts Registry of Motor Vehicles or the RMV Board of Appeal. Instead, hardship licensing is discretionary and the denial of a hardship license from the Board of Appeal is next to impossible to win at the superior court level.

One of the primary reasons that a Massachusetts hardship license is denied is because the appellant failed to show a legitimate and substantial hardship which would warrant relief. The Board of Appeals considers the granting of a hardship license “extraordinary relief” that is to be awarded only on a strong showing of a legitimate and substantial hardship, which was not contemplated by the legislature when the license suspension laws were enacted.
In order to meet this hardship standard, it must be shown that the lack of a license has severe consequences such as the documented inability to get to work, school, or necessary medical appointments, with such inability causing more than an inconvenience.  If, for example, a hardship license applicant has the means to get to work by relying on family and friends, he or she will not be granted relief. Likewise, if a person seeking a hardship license can take public transportation to and from work, he or she would be denied a work license.

The best way to prove that you have a hardship is to provide the Registry or the RMV Board of Appeal with documentation which clearly explains your need for a license. Depending on your type of hardship, this documentation should come from your work, school, or physician. In addition to discussing your need to drive, it should state that public transportation will not suffice and briefly explain why. You can also demonstrate this by including bus, train, and/or subway routes, schedules, and maps. When it comes to hardship license documentation, more is definitely better.

Also, it is possible to apply for a hardship license on more than one ground. For example, if you need a hardship license to get to and from both work and medical appointments, you should provide documentation regarding both needs. Finally, it is important to note that even if you provide that you have a legitimate and overriding need to drive, you must further demonstrate that you do not present a risk to public safety. Both the Registry of Motor Vehicles and Board of Appeal carefully and thoroughly consider whether issuing a hardship license would endanger the public.  If these agencies are not convinced that a hardship license applicant is safe to drive, they will not grant hardship relief. A Massachusetts RMV Lawyer can increase your chances of success, at both the RMV and Board of Appeal.

There are several things that you can do as a Massachusetts Ignition Interlock Device user to protect yourself from a 10 year or lifetime license suspension. First, be sure do not attempt to drive or start your car after you have consumed alcohol, which can remain in your system for a long time after consumption.

Secondly, other than water, do not consume anything while or immediately before driving. Ignition interlock devices often read certain food products and other substances as alcohol. This is because they use fuel cell technology and they do not have the safeguards used in evidential breathalyzers.

During and before driving, avoid the use of hand sanitizer, hairspray, mouthwash, cough drops, toothpaste, asthma inhalers, breath spray, and/or smoking. All of these things have resulted in false positive alcohol readings. Third, do not try to disconnect, circumvent, tamper with, or bypass the ignition interlock device. The simple act of disconnecting the handset while the vehicle is running can trigger a 10-year license revocation. The interlock devices used in Massachusetts will record tampering, circumvention, and bypass attempts.

Fourth, if you experience any problems, malfunctions, or abnormalities with your ignition interlock device, promptly notify your service provider and fully document the problem in writing. By proactively notifying the RMV of the problem, you may be saving yourself from having to attend an ignition interlock violation hearing. You should insist that the device be replaced and save any documentation evidencing the replacement.

Fifth, if you experience a false positive alcohol reading, immediately make note of the facts and circumstances of the alleged interlock violation. Immediately go to a hospital or police station for a comparison blood or breath test. Contact your interlock service provider and ask that the IID be checked for accuracy.

Finally, in the event of a false positive reading or interlock malfunction, submit a written statement to the RMV Interlock Unit as to what happened. The Registry holds interlock hearings months after the alleged IID violation. Therefore, it is important to fully document the facts and circumstances surrounding the violation. This documentation can be very helpful at your RMV interlock hearing. No interlock user should take violations lightly. The Registry routinely suspends licenses for 10 years or lifetime for IID violations. By following the steps listed above, you may be able to prevent a harsh license suspension.

The two central questions to be decided in every Massachusetts hardship license case is the applicant’s need to drive and the risk to public safety which may be created by putting the hardship license applicant back on the road. Both the RMV and Board of Appeal balance these risks when deciding whether or not to grant a hardship license.

Many people think that hardship licenses are automatically granted and that there is a right to obtain a hardship license, once the applicant has served enough time. This is wrong. Hardship licenses are discretionary and there no automatic right to get one. Even if a driver meets all of the RMV hardship license criteria and requirements, both the RMV and the Board of Appeal can refuse to afford hardship relief. For all intents and purposes, the decision of the Board of Appeal in hardship license cases is final. It is next to impossible to win a hardship license appeal in superior court.

One of the central parts of a hardship license hearing is documentation in the form of letters which support the issuance of a hardship license. These letters should address the applicant’s need to drive and risk of recidivism, or lack thereof. The letters should be written by people who know the applicant and can provide a personal firsthand prespective regarding the applicant’s recovery efforts and/or need for a license. The letters should explain how the hardship license applicant has brought the causes of the past and present violations under control such that he or she can be entrusted to safely drive a vehicle.

Many applicants misunderstand the above-described requirement and they provide “character reference” type letters. These letters are only marginally helpful and the real focus should be on how the hardship license candidate can be trusted to resume driving and how the lack of a license has impacted the candidate and his or her family.

In every case where a license is being sought for work purposes, the hearing package should include a letter from the candidate's employer, on letterhead, not less than 30 days old, which explains the candidate's work hours and need to drive. If applicable, the letter should also explain how there is no public transportation available. Individuals who are self employed can write their own letter and provide proof of self-employment.

Hiring a lawyer who specializes in Massachusetts Hardship License Appeals can dramatically increase your chances of success at both Registry and Board of Appeal hearings.

Many Massachusetts drivers who have been convicted of certain drug offenses are surprised to learn that their convictions will result in automatic license suspensions, even when the Massachusetts drug charges have absolutely nothing to do with driving or a motor vehicle. Some unfortunate drug defendants learn about these suspensions, for the first time, after they plead out. Many would not have do ne so, had they been aware of the consequences of their guilty pleas.

The good news is that the law allows for hardship licensing in drug suspension cases after the driver has served ½ of the suspension time. These hardship licenses, however, are not automatically granted. Instead, the driver must convincingly prove that he or she has any substance abuse problem under control and that he or she is not using illegal drugs.

In Massachusetts drug suspension cases, hardship licenses can be obtained from the Mass. RMV only where there are no prior drug convictions on the applicant’s record, which the Registry hearing officer will thoroughly review. In cases where there are previous drug offenses, a hardship license can only be obtained by going to the RMV Board of Appeal.

In any drug hardship license case, the applicant should present documentation in the form of clean drug screen reports, evidence of completion of a drug program, documentary evidence showing the need to drive, and evidence of attendance at NA, AA, Alanon, or some type of on-going self help and/or counseling program. Proof of compliance with probation should also be presented. The Registry has strict requirements such as 3 clean drug screens, spaced 30 days apart, conducted during the 90 day period immediately prior to the RMV hardship license hearing.

At the Board of Appeal hardship license hearing, the applicant must be prepared to explain the charges on his or her criminal record. The applicant must also be able to candidly discuss the facts and circumstances surrounding his or her drug arrest. In making this presentation, hardship license applicants should be mindful of the 2 central issues in every Massachusetts hardship license case: likelihood of recidivism and need to drive.