The Massachusetts Registry of Motor Vehicles recently teamed up with local police in a statewide crackdown on drivers who illegally pass school buses. The operation resulted in the issuance of hundreds of traffic citations for failing to stop for a school bus. A first offense results in a $250 citation which counts against the driver for license suspension and insurance purposes. A second citation for illegally passing a school bus within two years costs results in a $1,000 fine and a 180 day license suspension. 

This is the 5th year of this operation, which the police and Mass. RMV conduct shortly after the start of the school year to remind motorists of the dangers associated with passing a school bus. Police officers riding with Registry officials use marked and unmarked vehicles to observe violations. Motorists found passing the school buses are stopped and cited.

Passing a school bus is a dangerous violation and even police cruisers and emergency vehicles with their emergency lights flashing are not allowed to do so. School bus drivers report the license plate numbers of those who pass busses to the police or the Massachusetts Registry of Motor Vehicles. The RMV will send warning letters to motorists and those who receive two warnings are called in for a license suspension hearing. Passing a school bus in one of the 64 ways to have your license suspended.

The Massachusetts Registry of Motor Vehicles opened a new branch in the former post office building on Park Street in Attleboro. This branch replaces the North Attleboro Registry of Motor which was recently closed as a cost-saving measure as part of the Registry's plan to move branches from high rent to free locations.

In addition to the branch in North Attleboro, the Mass. RMV has closed or will close 10 other RMV  branches in Camrbidge, New Bedford, Framingham, Falmouth, Beverly, Framingham Southbridge, Lowell, Boston, Springfield, Falmouth, Beverly, and Eastham. These branches have been or will be replaced with offices located in state-owed buildings or other rent-free locations such as the former Attleboro Post Office, the Natick and Charlton Mass. Turnpike service centers, the Cape Cod Canal Visitor Center, and other locations in Peabody and Boston.

To improve customer service and minimize the impact of the branch closings, the RMV has enhanced its on-line express services so that drivers can perform more functions on-line, using the Registry's website. This minimizes the need for trips to Registry branches.

The RMV in Boston, which houses the Driver Control Unit and the offices of the Massachusetts Board of Appeal of the Division of Insurance is currently open, but it is slated to close at the end of the year.

There are harsh and severe consequences for violating the Massachusetts Junior Operator License JOL Law. For example, if the holder of a Massachusetts JOL gets even one speeding ticket, no matter how fast he or she was going, the Junior operator will face the following consequences. First, he or she will have a mandatory and automatic 90 day license suspension. There is no way around this. Once a Massachusetts Junior Operator is found responsible after a citation appeal hearing or the junior operator pays the citation, the suspension will be triggered. In Massachusetts, paying a speeding ticket is an admission of responsibility which can result in a license suspension.

The Registry of Motor Vehicles will not issue any hardship license on a JOL suspension. The only source of a hardship license is the Board of Appeal. However, unlike the Registry, the Board of Appeal does not do walk-in hearings. All Board of Appeal hearings must be scheduled in advance and it takes weeks to get a hearing.

Once a JOL speeding suspension is triggered, there is absolutely no way for the junior operator to get a license without completing two programs, the National Safety Council Alive at 25 class and the State Courts Against Road Rage (SCARR) program. The Board of Appeal will not issue a hardship license and the RMV will not issue a full license until the driver completes these two classes.

In addition to having to serve a license suspension and taking the two classes, the junior operator must pay a $500.00 reinstatement fee, take a written test, apply for a learner's permit, and pass a road test. There is no way to get around these harsh requirements. The Board of Appeal will not excuse drivers from the fees, testing, or other reinstatement requirements.

If a Massachusetts Junior Operator gets two (2) speeding tickets on a JOL, the Registry will automatically suspend the driver's license for one year. Again, there is no way to reduce this mandatory suspension or get a hardship license from the Registry. Relief is only given in extraordinary circumstances after a full evidentiary hearing before the Board of Appeal. The JOL license holder must convince the Board that he or she will not endanger public safety and that he or she has an extreme and substantial hardship. Young drivers often have difficulty proving this. The Board is accustomed to hearing from adults who are unable to work and support their families. Younger drivers generally do not have this type of hardship.

All JOL license holders should be aware of these harsh consequences and be careful not to get a speeding ticket. If a JOL license holder is cited, he or she should seriously consider appealing the citation.

The Massachusetts Registry of Motor Vehicles has announced an innovative new notification program which will electronically remind Massachusetts license holders when their licenses are about to expire.

Yesterday, the RMV announced that it had contracted with, Sendza Inc., a Marlboro-based firm which specializes in electronic messaging to provide courtesy reminder messages regarding license expirations. This program replaces the paper expiration reminder notices which, until last October, were mailed out to Massachusetts Drivers.

The Registry was forced to discontinue mailing the expiration notices because of budget cuts. The RMV reported a savings of apporixmately $800,000 when it stopped mailing the courtesy reminders. Many criticized the move. However, given the state's fiscal situation, it was a responsible way to save a substantial amount of money.

The service will provide text, electronic mail, or a recorded voice message reminder 30 days prior to the expiration of the subscriber's license. Subscription is free and you can enroll via the Mass. RMV website. 

Today I met individually with three ignition interlock device manufacturers. To their credit, each one admitted that their interlock devices use fuel cell technology and that ignition interlocks can and do generate false positive readings. We discussed the most common source of false positive blood alcohol readings, which is contamination. This occurs when the device mistakes another substance for blood alcohol.

There are many types of alcohol and the interlock devices often cannot differentiate between the ethyl alcohol contained in liquor and other alcohols such as the sugar alcohol found in protein bars, the sorbitol found in sugarless gum, the menthol found in cough drops, or the multiple alcohols which mouthwash contains. Also, hand sanitizer contains 62% ethyl alcohol. Using hand sanitizer shortly prior to blowing into an ignition interlock device can therefore result in a false positive reading.

In Massachusetts, interlock violations can result in 10 year or lifetime license suspensions. Therefore, interlock users should be mindful of the possibility of false positive interlock readings. Under the Massachusetts ignition interlock program, users who have positive alcohol readings will be called into the Mass. RMV in Boston for an interlock violation hearing. The results of this interlock hearing will determine if the driver will lose his or her license for 10 years or life for the alleged violation.

Many ignition interlock users do not believe that the Registry will actually suspend someone’s license because of an interlock reading. They are wrong. The Registry routinely suspends people’s licenses based on ignition interlock results. 

If you have received an ignition interlock violation notice from the Massachusetts Registry of Motor Vehicles, you should immediately contact a qualified and experienced ignition interlock attorney. I know interlock inside and out. If you have been accused of a interlock violation, do not risk a license suspension; contact me for a free consultation and case review.

Attorney Brian E. Simoneau

Massachusetts hardship licenses are not automatically issued and there is no automatic right to a hardship license. Instead, hardship licenses are issued at the discretion of the Registry of Motor Vehicles or the Board of Appeal of the Massachusetts Division of Insurance. There are several components to a hardship license appeal and one of the most important is the presentation of adequate documentary evidence.

Both the Registry and the Board of Appeal will require documents proving two things: that you have a legitimate and substantial need to drive and that issuing a hardship license will not endanger public safety. In most hardship license cases, the need to drive is documented by a letter from the hardship license applicant’s employer. The letter should clearly explain the applicant’s work hours and need to drive. If driving is part of the applicant’s job duties, the hardship work letter should describe these job duties. The letter should also state that public transportation will not suffice. Additionally, if possible, the letter should describe what will happen to the employee and the company if a hardship license is not issued.

The hardship license letter does not have to come from a company president or human resource official. Anyone with access to letterhead, including a co-worker can write a hardship license letter. Also, it is possible to obtain a hardship license letter without having to inform your employer about your DUI arrest. Contact a suspended license lawyer to find out how.

A self-employed hardship license applicant should write his or her own work letter. The letter should contain the above-listed information. Additionally, self-employed hardship license applicants should provide written proof of self-employment. This is necessary because some applicants who are unemployed try to falsely claim that they are self-employed.

In cases where a hardship license is being sought for medical reasons, the applicant should submit letter(s) from his or her treating physician(s). These letters should describe the applicant’s appointment schedule and need to drive.

Where a hardship license is being sought for educational reasons, a copy of the applicant’s school schedule should be submitted. Also, if possible, a letter confirming the applicant’s enrollment in school should be included. In cases of JOL speeding suspensions, report cards showing good grades are helpful.

If you are in need to legal representation for your Massachusetts Hardship License case, please contact me using the free consultation contact form on the Massachusetts Suspended License Lawyers website or by telephone at 508-881-1119.

Attorney Brian E. Simoneau

Ashley writes that she is 23 years old has a bad driving record because of speeding tickets & minor accidents. She just got a first offense OUI and asked about how to deal with it.

In her case, an OUI conviction might result in a 4 year habitual traffic offender revocation. 12 minor moving violations, 3 major violations, or any combination thereof will trigger an automatic 4 year HTO revocation.

Major violations, for HTO purposes, are: using a motor vehicle in the commission of a felony, leaving the scene of an accident after causing personal or property damage, OUI, driving to endanger, making a false statement on a learner’s permit or driver’s license or registration application, driving without a license, and driving on a suspended license.

Also, an OUI conviction counts as a surchargable event and if someone commits 7 surchargable events in any 3 year period, his or her license will be automatically suspended for 60 days.

If Ashley is able to “plead out” her case or get a first offender disposition which is also known as a 24D disposition, her case will be continued without a finding and eventually dismissed. This CWOF followed by a dismissal will not count as a conviction for habitual traffic offender or 7 surchargable event suspension purposes.

Michael writes that the Mass. RMV suspended his license for when he did not pay a ticket that he forgot about. He states that he just got a new job and he cannot afford to pay the ticket, late fees, and reinstatement fee. He is therefore seeking a hardship license.

Answer: There is no way to get a hardship license in this situation. You must pay all outstanding obligations prior to getting any kind of license and there is absolutely no way to get a hardship license if you have any unpaid traffic citations.

Another potential hardship license client writes that he was convicted of 1st offender "second chance" disposition over 6 months ago and he had his license suspended for 3 years under the Melanie’s law.  He is asking about getting a Massachusetts Hardship License.

First, the gentleman states that he got a DUI 1st offender “2nd chance” disposition. This means that he has two DWI incidents on his record and the first conviction date was at least 10 years prior to his 2nd offense DUI arrest date. In the case of Commonwealth v. Cahill, 442 Mass. 127 (2004), the Massachusetts Supreme Judicial Court decided that someone who is arrested for 2nd offense OUI who has one (1) prior OUI which is at least 10 years old, may be considered for a “second chance, first offender” disposition.

Secondly, the potential client writes that he has a 3 year suspension. This tells me that he refused to take the breathalyzer and his license was suspended for 3 years as a result thereof. In most second or subsequent offense OUI cases, there is no ability to get a hardship license during a chemical test refusal suspension.  However, this case falls into an exception. Because the potential client got a  “second chance, first offender” disposition under the Cahill case, he may be entitled to consideration for a hardship license during the 3 year suspension period.

If you are attempting to get a Massachusetts Hardship License, please contact me for a free consultation and case review. It costs absolutely nothing for this service. There is no obligation to hire me or any lawyer from my office. I will review your situation, at no charge, and let you know exactly where you stand. Massachusetts license suspension laws are complex and they can be very confusing. Most attorneys, even DUI lawyers, do not understand these laws and they often call me for advice. Also, there is a great deal of inaccurate and out of date information posted on DUI websites. Do not risk getting the wrong answer to your hardship license or suspension appeal question. Call me anytime at 508-881-1119 or use the contact form on my website.

Attorney Brian E. Simoneau

There are two potential sources for hardship licenses in Massachusetts, the Registry of Motor Vehicles and the Division of Insurance Board of Appeal. The Board has the legal authority to order the Registry to issue a hardship license, even when the RMV has initially refused to do so or where the Registry says that you cannot get a hardship license (e.g. 7 Surchargable Event or JOL Speeding License Suspensions).

However, there are certain waiting periods for hardship licenses. This means that you must serve a portion of the license suspension period prior to attempting to get a hardship license. These waiting periods are statutory, meaning that they are written into the Massachusetts hardship license laws.

The Massachusetts hardship license waiting periods are as follows:

For a 2nd offense OUI, you must serve 1 year of the 2 year license suspension.

For a 3rd offense OUI, you must serve 2 years of the 8 year license suspension.

For a 4th offense OUI, you must serve 5 years of the 10 year license suspension.

For a 5th offense OUI, your license will be revoked for life. There is no provision for hardship licensing. However, it may be possible to get a hardship license after you have served a considerable period of the suspension and you have a legitimate and documented need to drive.

The above-listed suspension periods are in addition to any chemical test refusal suspension, which must be served first. CTR suspensions run consecutively and not concurrently with OUI suspensions. Please contact Attorney Brian E. Simoneau, using the contact form on this site if you are interested in appealing your CTR or breathalyzer refusal suspension.

You will need to have the ignition interlock device installed in your vehicle during the entire term of any hardship license for the above-listed DUI suspensions and for a 2 year period after reinstating your full license. There are absolutely no exceptions to this rule.

Habitual Traffic Offenders must serve 1 year of the 4 year license revocation prior to applying for a hardship license.

Drug Offenders must serve 1/2 of the license suspension before seeking a hardship license.

In rare cases of extreme hardship, it may be possible to get a license from the Board of Appeal sooner than the above-listed waiting periods. However, the Board of Appeal generally follows the above-listed guidelines and the RMV always adheres to them. The Registry absolutely will not consider issuing a hardship license if you have not served these minimum suspension periods.

Also, the Board of Appeal routinely does not give "credit for time served" on a license suspension if the person seeking a hardship license was incarcerated for a substantial period of time. The Board's logic is that the person could not have driven if he or she wanted to.

If you apply for a hardship license too early, you run the risk of the Board of Appeal voting to affirm the suspension without giving you a re-apply date. If this happens, you may have to serve the full length of the suspension, with no hardship relief. Contact Attorney Brian Simoneau for more information.  

If you have any questions regarding how to get a Hardship License, please contact me.

Attorney Brian E. Simoneau

In an internal e-mail sent to Mass. RMV employees, Registrar Rachel Kaprielian has announced that the Massachusetts Registry of Motor Vehicles has contracted with an electronic messaging service to deliver e-mail, phone, or text message reminders regarding license expirations.

Last year, in an effort to save money, the Registry eliminated the practice of mailing reminder letters to customers. Consumers complained about this cost-saving measure. However, the Registry was faced with a huge budgetary shortfall and elimination of the courtesy reminder letters was one way to save money without reducing core and essential registry services. License expiration dates are printed on everyone's license and at least one insurance company implemented a program to notify its customers of license expirations.

The implementation of electronic courtesy notifications of license expirations is another example of the Registry effectively leveraging technology to save money while minimizing the impact of the budget cuts on its customers. Some of the Registrar's budget cuts and branch closings have been controversial. However, the new electronic reminder program shows that she is committed to delivering the highest level of service possible, even with drastic budget cuts.

More information regarding the RMV electronic license expiration reminder program will be posted as soon as it becomes available.

This new electronic reminder program is consistent with the Registry's expansion of technology by offering more services on-line via the Mass. RMV website. Through the site, users can pay citations, obtain instant access to driving records, sign up for the Fast Lane, check the status of a Mass. license or permit, order special plates, renew or replace driver's licenses, and conduct a variety of other transactions.