There is a bill pending which would outlaw aggressive driving in Massachusetts. House Bill 3585 makes it a violation of law to drive aggressively, maliciously or recklessly so that the safety of at least one other person might be endangered. The law requires the police to issue a traffic ticket to the violator and notify the Mass. RMV by filing an immediate threat form. This will result in an immediate suspension of the driver’s license or right to operate in Massachusetts. Examples of violations which might constitute “road rage” include speeding, following too closely, failure to give way to a passing vehicle, unsafe lane changes, purposely braking to endanger or annoy the operator of a following vehicle, threatening to commit bodily injury or another crime, menacing or obscene gesturing and unnecessary sounding of the horn. A “road rage” conviction would result in an automatic suspension of the person’s Class D License, as well as a revocation of the driver’s CDL.

Another proposed bill would require Massachusetts drivers to illuminate their headlights anytime the windshield wipers are in operation.

House Bill 3842 makes racial profiling by Massachusetts Police Officers illegal. It requires police to collect data on motor vehicle stops and establishes a committee to review the data collected to determine if racial profiling occurred.

House Bill 3637 would require the Mass. RMV to send out renewal notices to Massachusetts residents whose licenses are about to expire. This is apparently in response to the Registry’s decision to not send out license renewal notices, in an effort to save money. Considering that expiration dates are printed on everyone’s license, and sending renewal notices cost thousands of dollars, the decision to eliminate the renewal notices was a smart move.

In the wake of recent tragedies involving elderly drivers in Massachusetts, the state will likely enact new laws in the future to reduce impaired driving in Massachusetts. For example, House Bill 232 would require Mass. doctors and health care providers to notify the Mass. RMV if they have diagnosed a patient with a physical or mental impairment which would affect that person’s ability to drive safely.  A proposed Massachusetts Senate Bill would require drivers 85 and older to take vision and road tests every 5 years. It was also proposed that the Massachusetts Registry of Motor Vehicles develop a system to identify senior drivers with multiple accidents allow concerned family members to easily request road tests for their relatives.  Another proposal would require all Mass. drivers to pass road tests, every 10 years. Both AAA and AARP currently offer special driving classes for elderly drivers.

Currently, elderly drivers who are involved in motor vehicle accidents, or other incidents which suggest impaired driving, can have their licenses suspended under the Mass. Registry's Immediate Threat Suspension Procedure. These drivers must attend a hearing at the Registry of Motor Vehicles and are usually sent for medical examinations and a competency road test.  

The Massachusetts Registry of Motor Vehicles requires those convicted of certain motor vehicle offenses to take specific driver re-training classes. The National Safety Council offers these remedial driving classes at various locations throughout Massachusetts.  You can now register for these classes on-line, using a credit card, on the NSC website.

The NSC offers the following 3 courses for Massachusetts Drivers:

DDC – Attitudinal Dynamics of Driving. The Registry of Motor Vehicles requires this mandatory 8 hour course for anyone who has 5 surchargable events on his or her Massachusetts Driving Record within any 3 year period. There is no way to get out of taking this class, if you are required by law to take it. The goal of this course is to reduce traffic violations and promote safe driving by training drivers to make good driving decisions and modify their driving behavior. The Massachusetts Registry of Motor Vehicles requires anyone seeking a hardship license on a 4 year habitual traffic offender revocation to have taken this class within 3 years of the application for a hardship license.

DDC - Alive at 25. The Mass. RMV requires Junior Operators to complete this mandatory 4 hour course when a JOL holder has been convicted of operating to endanger, speeding, or operating in violation of the JOL restrictions (e.g. unauthorized passengers or operation outside of JOL hours). This class is specifically targeted for drivers from 16 to 25 years old and must be completed prior to re-applying for a Massachusetts Driver's License or trying to get a hardship license.

State Courts Against Road Rage SCARR Program. The Massachusetts Registry of Motor Vehicles requires any JOL License Holder who was convicted of speeding or drag racing to successfully complete the 4 hour SCARR Program. If the Registry requires completion of this program, there is absolutely no way to get your license back without it. Like the other 2 NSC courses, this class is offered throughout the state. The NSC offers the SCARR program in partnership with the courts and the Mass. State Police. It currently costs $75.00 for the SCARR program. 

On Friday, August 28th, as part of its plan to reduce costs and save money by relocating Mass. RMV Branches from certain privately owned “high rent” facilities to state-owed buildings, the Registry closed its Falmouth, Massachusetts Branch. Until a new location is identified, RMV customers  on the Cape can go to Registry Branches in Plymouth or South Yarmouth.  The Registry is attempting to locate an express branch somewhere on the Cape.  While the closing of the Falmouth branch might not be welcomed, it was done as a cost saving measure to help address a huge budget deficit. Given the state’s fiscal situation, as consumers, we cannot accept the same level of service which we previously enjoyed when the economy was better. We have to adjust our expectations based on the Registry’s huge budget reduction. The Registry demonstrated ingenuity and good sense by moving RMV branches which were incurring high lease costs to state-owed buildings. This move will result in a substantial savings. Many Registry transactions can be conducted using the on-line system, thereby preventing a trip to the Registry.

Please note that Mass. License Suspension and Hardship License hearings are only held at certain RMV Branches during certain times and days of the week. 

Boston Herald Columnist Howie Carr usually hits the mark. However, in his recent column regarding Massachusetts Superior Court Justice Christine McEvoy, he unfairly implies that she got special treatment in the form of a hardship license. However, the truth is that Judge McEvoy got exactly the same treatment as any Mass. DUI First Offender. She was arrested, booked, offered a breathalyzer, and arraigned, just like anyone else who is charged with DWI in Massachusetts. She admitted that there were sufficient facts for a conviction and decided to “plead out.” She was given a 24D First Offender Disposition and had the legal right to apply for a hardship license upon entry into the 24D Alcohol Education Program.  By statements such as “[b]ut apparently some suspensions aren’t quite as automatic as others.” Carr tries to suggest that McEvoy dodged an automatic license suspension. This is plainly wrong. The Mass. RMV gave her the license which the law allowed her, and thousands of others, to get.

To add insult to injury, Carr then unfairly attacks Judge McEvoy’s brother John, a respected Middlesex County Prosecutor, implying that he’s an overpaid hack. Nothing could be further from the truth. I have never met the man. However, know that he has been with the Middlesex DA’s office for a long time and he has a very good reputation. I also know that Massachusetts prosecutors are grossly underpaid. Instead of lucrative careers in the private sector, the dedicate themselves to public service and get nowhere near the compensation they deserve. Judge McEvoy started out as a prosecutor in Middlesex. She worked hard, distinguished herself, and became a well-respected, intelligent, and fair judge. She made a mistake and, for that, she was treated no differently than anyone else. Neither the Court nor the Registry of Motor Vehicles gave her any special treatment. 

In July of 2009, Minnesota implemented a statewide Ignition Interlock Device Pilot Program. The Ignition Interlock Program allows Minnesota drivers who have had their licenses revoked due to multiple DWI convictions get their licenses back sooner, if they agree to install an ignition interlock device in their car. There are many benefits to this program. For example, it allows DUI offenders to get to court and probation appointments as well as work and alcohol counseling sessions. The Ignition Interlock Device protects the public by not allowing the car to start if the device registers alcohol on the driver's breath. The Ignition Interlock Devices being used in Minnesota are equipped with a camera, so there is no question as to who is actually providing the air sample. In addition to the primary benefit of protecting the public, other interlock benefits include helping the DUI offender avoid future DUI arrests, allowing the user to drive legally, and preventing operating after suspension charges by giving the DWI offender a restricted license.

The Massachusetts Ignition Interlock Device Law has been in effect since 2006. Although there are thousands of devices in use, there have been some false positive problems with the Interlock Devices in Massachusetts.  

State Assembly Speaker Mike Sheridan (D-Janesville) vowed to enact tougher drunk-driving laws in September.
Under a the new proposed Ignition Interlock Device law, repeat DWI offenders would be required to install ignition interlock devices, and a 4th offense DWI would be a felony, in many cases. Current Iowa laws make the fifth offense DWI a felony.The Ignition Interlock Device Bill is expected to enter the Iowa House in September before heading to the Senate.

Under Melanie's Law, effective January 1, 2006, the Massachusetts Registry has required 2nd and subsequent DUI Offenders to use the Ignition Interlock Device during the term of any Mass. Hardship License and for 2 years after getting a full license reinstatement. Far from foolproof, the devices sometimes register false positive readings, which can lead to a 10 year of lifetime license suspension. However, there are over 3,000 ignition interlock devices in use in Massachusetts and most users do not experience false positive readings. The Massachsetts Ignition Interlock Law was recently challenged and declared constitutional.

A Mass. State Trooper arrested a New Hampshire woman on Tuesday, August 25th for DUI Drugs, Illegal Possession of a Class C Controlled Substance, Child Endangerment, Non-Inspection, Operating with a Cracked Windshield, Failure to Stay within Marked Lanes, and Failure to Have her 2 year old Child in a Car Seat.

In response to numerous cell phone calls, the Massachusetts State Police stopped the woman's vehicle and found her 2 year old child unrestrained in the vehicle. The New Hampshire woman was arrested for the charges listed-above.

In circumstances such as this, it is highly doubtful that either the Registry or the Board of Appeal will even consider issuing a hardship license.

To prevent similar situations from occurring in New York, the legislature there is proposing a new "Child Protection Act." Under this new DWI law, offenders could face jail time and would be mandated to use ignition interlock devices. Currently, in New York, the installation of ignition interlocks is left to judges' discretion.

The Massachusetts State Police will conduct a DUI sobriety checkpoint on a secondary state highway in Essex County, on Saturday, August 29, into Sunday, August 30th. At these checkpoints, officers are allowed to stop briefly check motorists for signs and symptoms of alcohol intoxication or other illegal activity.

According to the Mass. State Police, the police will conduct the checkpoint during varied hours, the selection of vehicles will not be arbitrary, safety will be assured and any inconveniences to drivers will be minimized with advance notice to reduce fear and anxiety.

The Mass. State Police will conduct a similar DUI checkpoint in Plymouth County on Saturday, September 5th into Sunday, September 6, 2009.

The Manchester Massachusetts Police Department, in partnership with the Massachusetts State Police and hundreds of local police departments throughout Massachusetts are conducting special "Drunk Driving. Over the Limit. Under Arrest" patrols. This Mass. DUI enforcement effort began last week and extends through Labor Day.

State and local police will conduct DUI sobriety checkpoints and DWI patrols in various locations throughout Massachusetts. The Mass. Executive Office of Public Safety and Security provided $779,000 in federal grant funding for this DWI initiative for both drunk driving enforcement and public education. In addition to arresting alleged drunk drivers, these patrols may also result in warrant and suspended license arrests.

On average, 300 people are arrested every week in Massachusetts for DUI. A first-offense Mass. DUI conviction can cost more than $7,800, plus the significant expenses involved with insurance surcharges, license suspensions, and trying to get a hardship license.