A Massachusetts resident lost her Mass. license because of an aggravated DWI conviction in New Hampshire in December of 2008.  She has appealed the DWI conviction and is awaiting a jury trial. She asks about her chances of getting a Massachusetts Hardship License.

Answer: Neither the Massachusetts Registry of Motor Vehicles nor the Board of Appeal will issue a hardship license during an out of state license suspension. If your license is suspended in the NDR, you must clear the out of state revocation before getting any license from the Massachusetts RMV. Unfortunately, this woman cannot get a hardship license.

A gentleman from Western Massachusetts writes that he lost his license because of failure to pay child support and asks of he can get a hardship license.

Answer: Unfortunately, the answer is no. Neither the Board of Appeal nor the RMV will issue a hardship license for a non-payment of child support license suspension. The only way to address this is to get a release from the Massachusetts Department of Revenue (DOR).

Numerous people have questioned the Registry's requirement that they install an ignition interlock device in their vehicle. Given the false positive rate and costs associated with ignition interlock devices, I cannot blame them for looking for ways around having the device installed. However, there is no way around the RMV's ignition interlock requirement. If you have 2 or more DWI convicitons on your record, and you are coming off of a hardship license, reinstating your license from a DUI suspension, or moving into Massachusetts from another state and getting a Mass License, you will be required to have the interlock device for at least two years. If you move out of state and agree never to drive in Massachusetts, you may be able to get around interlock. Other than that narrow exception, if you are legally required to have interlock, there is absolutely no way around it.

Incidentally, if you have the misfortune of being accused by the RMV of violating the ignition interlock law or regulations, please contact me at 508-881-1119 or via e-mail. I can probably help you avoid a 10 year or lifetime license suspension.

The Massachusetts Joint Committee on the Judiciary will be conducting a public hearing on Tuesday at the Statehouse regarding numerous bills related to OUI and driver's licensing. The following is a summary of the bills to be debated.

House Bill 1366 would subject the owner or custodian of a motor vehicle to a fine of up to $1,000.00 if the vehicle left the scene of a property damage or personal injury accident.

House Bill 1404 increases the penalties for operating a snow mobile or recreational vehicle while under the influence of alcohol or drugs.

House Bill 1405 increases the fines and penalties for drivers who violate the right of way of other drivers, bicyclists, pedestrians, and motorcyclists, with the violation result in death or serious bodily injury.

House Bill 1407 expands breathalyzer testing by imposing an enhanced penalty for a breathalyzer refusal in OUI cases involving serious injury or death.

House Bill 1426 would prevent junior operator's license holders from being treated as juveniles if they commit a felony related to driving and require the junior operator to be tried as an adult.

House Bill 1449 requires the towing and impoundment for 12 hours of vehicles of those arrested for OUI and imposes civil and criminal liability for facilitating the arrestee's operation of a motor vehicle while he or she is still under the influence.

House Bill 1528 creates a prison sentence of up to 20 years and a 15 year license suspension for the manslaughter by motor vehicle.

House Bill 1556 increases the license suspension penalties for leaving the scene of an accident

House Bill 1590 contains various penalty enhancements to Massachusetts DUI, Operating After Suspension, and other related laws.

House Bill 1675 increases the license suspension penalty for vehicular homicide from 15 to 20 years.

House Bill 3630 increases the penalties for OUI and would remove the ability to attempt to vacate a breathalyzer refusal suspension after being found not guilty of DWI.

House Bill 3632 also eliminates the ability to appeal a breathalyzer refusal suspension after a not guilty finding. It also requires mandatory breathalyzer or blood testing after fatal accidents.

House Bill 1570 would give police the right to arrest, without a warrant, for reckless or negligent operation of a motor vehicle or vehicular homicide by reason of negligent or reckless operation. 

Senate Bill 1573 increases the jail time, but not the 15 year license suspension period, for vehicular homicide.

Senate Bill 1586 punishes possession of marijuana in a vehicle by a $1,000.00 fine and 90 day license suspension.

Senate Bill 1692 changes the crime of driving outside of hours on a hardship license from unlicensed operation to the more serious crime of driving on a suspended license.

Senate Bill 1708 increases penalties for operating under the influence and removes the ability to try to get a chemical test refusal suspension vacated by the court if the OUI defendant is found not guilty.

Senate Bill 1734 requires the state to offer the state courts against road rage program (SCARR) in the counties in the western part of the state at least once every 90 days.

Senate Bill 1742 would increase the territorial jurisdiction of police officers, in certain circumstances, to stop motor vehicles.

Senate Bill 1782 would create the new crime of Aggravated Drunk Driving. This new offense would apply in Massachusetts OUI cases with breathalyzer results of .20 and above.

Senate Bill 1808 would provide progressive penalties for the crime of motor vehicle homicide.

Senate Bill 1809 would require anyone convicted of second offense DUI to display a placard or bumper sticker on his or her vehicle which provides a hotline telephone number to call if the vehicle is being driven erratically.

Senate Bill 1819 increases the penalties for DUI and requires a minimum mandatory 10 day jail sentence.

Senate Bill 1834 enhances the penalties for driving without a license or registration.

Clients routinely ask about what effect an out of state DUI will have on their Massachusetts license. This article answer this common question.

First, under reciprocity, if someone’s right to drive is suspended or revoked in one state, the Registry or DMV in the person's home state is licensed is required to suspend or revoked the person's license there. For example, if live in Massachusetts and your right to drive is suspended in New York, the Mass. RMV is required to suspend your Massachusetts license until you are clear to drive again in New York. Registries and Motor Vehicle Departments notify each other of these suspensions through the National Driver Registry. This practice of suspended a driver in his or her home state when the driver’s right to operate is suspended elsewhere was created to prevent drivers from escaping the consequences of an out of state violation. There is absolutely no ability to get a hardship license while on a NDR license suspension.

You can clear a National Driver Registry suspension with the Massachusetts Registry of Motor Vehicles by providing the following 3 Documents to the RMV:

1. A clearance letter on letterhead which states that your license has been reinstated in the other state
   
2. A certified copy of your driving record from the other state
   
3. A certified copy of the court docket showing the outcome of any criminal charges in the other state

All documents must be originals and not less than 30 days old. When these documents are presented at a Massachusetts RMV Suspension Hearing, the Registry Hearings Officer will remove the NDR suspension or revocation from your Massachusetts License.

A Leominster, Massachusetts driver is facing felony attempted murder charges after her car allegedly struck another woman who was crossing the street with her daughter.

Police allege that the driver of the car, Megan Ciccone, 20 year old, from Leominster, intentionally attempted to strike the victim and her daughter.  The two women have an ongoing dispute that almost ended in tragedy. The victim allegedly reacted by throwing her daughter out of the way of Ciccone’s vehicle, which almost struck the pair as they were in a crosswalk on Third Street at approximately 5:30 PM on Wednesday. The victim ended up on the hood of Ciccone’s vehicle. 

Ciccone left the scene of the collision, but later turned herself in to Leominster Police. She was arrested and charged with failure to stop for a pedestrian in a crosswalk, failure to stay within marked lanes, leaving the scene of an accident, assault and battery by means of a dangerous weapon, and assault with intent to commit murder. Ciccone was arraigned in Leominster District Court on Thursday and held on bail.

The Registry of Motor Vehicles undoubtedly suspended Ciccone’s license under the state’s immediate threat law. This law allows the RMV to immediately suspend a driver’s license whenever a driver commits motor vehicle law violations which indicate that allowing the driver to remain on the road would constitute an immediate threat to public safety. Based on the allegations here, there is no question that allowing Ciccone to continue driving would jeopardize public safety. If her license is suspended under the immediate threat law, she has the right to a hearing before a Regisry Hearings Officer within 10 days of the revocation. However, because of the facts of the case, it is highly unlikely that the RMV would reinstate her license until the criminal charges are resolved.

If she is convicted of any of the criminal offenses, Ciccone’s license will be automatically suspended. Leaving the scene of an accident, using a motor vehicle as a weapon, and using a motor vehicle in the commission of a felony are some of the 64 ways to have your Massachusetts license suspended. Because of her extremely dangerous driving behavior, I predict that neither the Registry of Motor Vehicles nor the Board of Appeal would grant her a hardship license.

The WBZ I-Team recently caught several Suffolk County Sheriffs Department employees misusing RMV handicapped placards to illegally park in spaces designated for handicapped persons. The I-Team investigation documented able-bodied Sheriff's Department employees  parking in the spaces used by Spaulding Rehab patients, many of whom are in wheelchairs. The employees were apparently using handicapped parking placards issued to others. Registrar Rachel Kaprielian is outraged over this abuse, and rightfully so. Misuse of a handicapped parking placard is a crime and one of the 64 ways to lose your license. The indviduals who, under false pretenses, took these spots away from handicapped and disabled individuals should be punished to the fullest extent of the law. Their licenses should be suspended and they should serve every minute of the suspension.

Pursuant to the Massachusetts Immediate Threat Law, the Registry of Motor Vehicles revoked the license of Thomas Larivee, the 19 year old driver of a vehicle involved in a fatal accident that claimed the life of 15 year old Alessandra Castner of Marblehead on August 24th.  The RMV took prompt and decisive action to revoke Larivee's driver's license in spite of allegations that  Larivee would receive lenient treatment because of alleged family connections.

In a prepared statement, Larivee's lawyer claimed that the Registry's actions "are without legal basis and will be dealt with accordingly."

Larivee's Massachusetts driving record contained a surchargable accident and a JOL Speeding Violation, which required Larivee to complete the NSC Alive at 25 and the State Courts Against Road Rage SCARR programs. His license was suspended for 90 days as a result of the JOL Speeding citation.

The Registry revoked Larivee's license under the immediate threat law. This law allows the Mass. RMV to revoke someone's license when the driver has committed a violation of motor vehicle laws, the nature of which would lead the Registry to be believe that allowing the person to continue to drive would constitute an immediate threat to public safety. The Registry of Motor Vehicles has a longstanding practice of immediately revoking licenses as a result of fatal motor vehicle accidents and it processes approximately 75 immediate threat suspensions each week. Individuals who have had their license revoked under the immediate threat law are allowed to have a Registry of Motor Vehicles hearing within 10 days of the license revocation. They can also appeal the suspensions to the Massachusetts Board of Appeal.

The Wisconsin state assembly passed a bill would make DUI penalties in that state more like the Massachusetts Drunk Driving Penalties.

The new drunk driving law would make 4th offense DWI a felony and, like Massachusetts, it would require all DUI repeat offenders, and those with a blood alcohol level of .15 or higher, to use ignition interlock devices in their vehicles.  The ignition interlock device prevents a vehicle from starting if the driver's blood alcohol level registers above a pre-set limit. In Massachusetts, the limit is .02.

Interlock devices have been known to sometimes generate false positive blood alcohol readings. They do this because the use fuel cell rather than more reliable infrared technology. In Massachusetts ignition interlock violations can result in 10 year and even lifetime license revocations.

Supporters of the new drunk driving legislation characterize the law as an important first step in curbing Wisconsin's high rates of DWI. Opponents say implementation of the law could be expensive and the state will be required to hire more DUI prosecutors. Critics also describe the law as a "baby step" and claim that it does not go far enough.

Wisconsin is the only state which does not criminalize DUI first offense. Instead of being arrested, offenders are given a traffic ticket, unless there is someone under 16 years of age in the vehicle.  In Massachusetts, a first offense OUI is a criminal offense which results in arrest and a mandatory license suspension.

The bill allows certain DUI offenders to shorten their jail sentences by completing complete an alcohol or drug treatment program. This recongizes that the crime of DUI often involves alcohol addiction, which must be treated to prevent recidivism. 

The DUI bill will now make its way to the Wisconsin Senate for further action.  

A controversial bill that would require Massachusetts drivers age 75 and older to pass an exam, every 5 years, at the Registry of Motor Vehicles, when they renew their Mass. Driver's Licenses. The bill also gives police officers and physicians immunity from lawsuits when they notify the Mass. RMV about drivers, of any age, who they believe are not safe to drive.

Senior Citizens' advocates claim that the bill is discriminatory and it unfairly targets the elderly. As evidence of this, they point to accidents, drunk driving, reckless operation, and other incidents which often involve younger drivers.

Any driver who has his or her license suspended under this proposed law would have the ability to appeal the suspension to the Registry of Motor Vehicles and assumedly the Board of Appeal.

In addition to physical and cognitive testing for drivers, beginning at age 75, the proposed bill also requires the Mass. Registry of Motor Vehicles administer driving tests to anyone who accumulates 3 or more surchargable events in one year. Under the current law, a driving class is required for 5 surchargable events in 3 years and drivers with 7 surchargable events in 3 years will have their licenses suspended for 60 days, during which time it may be possible to get a hardship license, even though the RMV says otherwise.

The bill has come out Committee and will now go to the full legislature.

Legislation requiring all convicted drunken drivers to blow into a device to test for alcohol when getting behind the wheel was adopted Friday by the New York State Senate.

Those convicted of DUI in California may soon find themselves having to deal with the ignition interlock device.

The State of California is slated to operate the interlock pilot program from 2010 to 2016 in Sacramento, Alameda, LA, and Tulare counties. The ignition interlock device prevents a vehicle from starting if the user’s blood alcohol content registers above a pre-set limit, which in Massachusetts is .02.  Interlock devices are currently being used in California on a limited basis, when a judge requires the device for a DUI offender. 

California Ignition Interlock Device users will find out that the devices use non-alcohol specific and somewhat unreliable fuel cells, which can and sometimes do trigger false positive alcohol results. The interlock devices used in Massachusetts frequently mistake common products, foods, flavorings, and chemicals as alcohol. This can result in a 10 year or lifetime license suspension.