The Massachusetts Registry of Motor Vehicles has expanded its on-line services to now offer the ability to obtain crash reports through the internet. This new and efficient system replaced an antiquated manual system where Registry employees would hand search records, produce certified copies, and mail the accident reports to the requestor.

Under the new system, requests can be submitted electronically through the Mass. RMV website and the RMV will promptly process the request and e-mail the Massachusetts accident report to the requesting party.

The Registry charges the same $20.00 fee for motor vehicle accident reports under this new electronic system as under the old paper-based manual system.

Driving on a suspended or revoked license in Massachusetts can have severe and long-lasting consequences. A conviction for driving while suspended can result in a minimum mandatory jail sentence as well as other harsh consequences.

The crime of operating after suspension is an arrestable offense in Massachusetts. This means that the police have the option of issuing a criminal traffic citation or arresting the defendant. Also, if you are caught driving a vehicle registered to you, the Massachusetts Registry of Motor Vehciles has instructed the police to confiscate your license plates and return them to the Registry for revocation. If you are driving someone else's vehicle, they may be charged with allowing an unlicensed person to operate. This may result in the revocation of the vehicle's registration and suspension of their license. Under Melanie's Law, allowing someome to drive your vehicle with a suspended license is a criminal offense.

The exact consequences associated with a conviction for driving on a suspended license will depend on the driver’s record and the suspension reason. For example, driving after suspension when the license was suspended for DUI carries minimum mandatory jail time. No matter what the suspension reason, a conviction for operating after suspension will result in a new automatic license suspension, which the Mass. RMV will run consecutively with the current license suspension.

Also, in many cases, an operating after suspension conviction can trigger a painful 4 year habitual traffic offender revocation as well as steep insurance surcharges which will last for many years. Finally, a suspended license charge may disqualify you for hardship license consideration. The Registry generally requires that there be no evidence of operation after suspension or revocation as a prerequisite for hardship license consideration. Likewise, the RMV Board of Appeal takes a very dim view of driving on a suspended license and Board members generally believe that such conduct shows a lack of respect for the law.

If you have been charged with driving on a suspended license, you should contact a lawyer to specializes in suspended license defense. Effective legal representation help you avoid a costly conviction. The suspended license specialists in my office have achieved excellent results including dismissals and favorable outcomes which have allowed our clients to avoid additional suspension time and even jail.

Clients often ask how an out of state DUI arrest will impact their Massachusetts Driver’s License. In summary, the Mass. Registry is required to treat an out of state motor vehicle violation, such as operating under the influence, which was committed by a Massachusetts resident or license holder, as if it had occurred in Massachusetts. In order words, the Mass. RMV is supposed to apply the same license suspension penalty to the out of state DUI as if it had occurred here in Massachusetts. This menas that first offenders will be suspended for 1 year, 2nd offenders will be suspended for 2 years, thrid offenders will be suspended for 8 years, 4th offenders will be suspended for 10 years, and 5th offenders will be suspended for life. Because of Melanie's Law, there is a lifetime look-back period when counting prior DWI offenses and older convictions do not "drop off" the record, as they did before.

Additionally, if someone’s license or right to drive is suspended or revoked in one state, the driver’s home state is required to suspend or revoke the license until it is reinstated in the other state. For example, if you commit a DUI in New Hampshire, the New Hampshire DMV will electronically notify the Mass. RMV and the Registry will revoke your Mass. license. To clear this revocation, you must supply the following three items to the Mass. RMV, with all items not more than 30 days from the date of your Registry hearing: (1) a certified copy of the New Hampshire driving record, (2) a certified copy of the New Hampshire court docket which shows the charges and outcome, and (3) a clearance letter from the New Hampshire DMV in Concord, NH, which states that your right to operate has been reinstated.

When the Registry receives the above-listed documents, it will clear the indefinite reciprocity suspension, which is generated by the National Driver Registry (NDR), and impose a new DUI license suspension, the length of which will be based on your prior record, as explained above.

If a DUI offense is committed in Massachusetts, the offender is usually allowed to “plead out” and obtain treatment as a DUI First Offender. This means that his or her license will be suspended for only 45 days.  However, the Registry suspends first offenders who commit an out of state OUI for a period of one year, instead of 45 days. Technically, out of state first offenders are not entitled to the Mass. 24D program. However, it is usually possible to have the 1 year loss of license reduced to 45 days. Contact me to find out more about this.

Out of state DUI and license suspension issues can be complicated and confusing. If you need legal information or representation, please contact me.

Many Massachusetts DUI cases involve additional criminal charges such as negligent operation, operating to as to endanger, and leaving the scene of an accident.  For license suspension purposes, it is absolutely critical for DUI lawyers to carefully consider these charges and the severe consequences which result from being convicted of these relatively minor motor vehicle offenses. Sometimes, the drunk driving charge can distract an unsuspecting or inexperienced lawyer’s attention away from the other charges, which may be very important.

In Massachusetts, being convicted of DUI, leaving the scene, and operating to endanger or negligent operation, which are common charges, will automatically result in a mandatory 4 year habitual traffic offender license revocation.  Also, out of state offenses can be counted against Massachusetts residents or license holders. This 4 year HTO suspension will be imposed in addition to the mandatory suspensions associated with leaving the scene, DUI, and negligent operation or operating to endanger.

This 4 year habitual traffic offender trap can be avoided. A good DUI lawyer will obtain a not guilty verdict, dismissal or plea bargain which avoids the 3 convictions which trigger the habitual traffic offender license revocation. If you have been arrested for drunk driving, or charged with any other motor vehicle offense, you should have a lawyer who specializes in Massachusetts DUI or Mass. RMV cases obtain and thoroughly review your driving record to avoid a potential 4 year loss of license or other unpleasant surprises. There are 64 ways you can lose your license in Massachusetts and a good lawyer can help you avoid many of them. Alternatively, if you have been caughty in the "habitual traffic offender trap," it may be possible to get back on the road with a Mass. Hardship License. Contact me to find out how.