Pursuant to Melanie’s Law, G.L. c. 90 § 24 ½, the Massachusetts Registry of Motor Vehicles requires anyone with 2 or more DUI convictions or alcohol program assignments on his or her record to use the ignition interlock device during the term of any hardship license and for 2 years after getting a full license.

There are 5 authorized ignition interlock device vendors which the Registry has approved to service Massachusetts ignition interlock customers. They are as follows:

• CST Intoxalock, 1-877-777-5020
• Draeger, 1-800-332-6858
• Lifesafer, 1-800-987-8040
• Sens-O-Lock, 1- 888-786-7384
• Smart Start, 1-800-880-3394

Ignition interlock devices sometimes register false positive readings and violations of the ignition interlock law and the Registry’s interlock regulations can result in a 10 year or lifetime license revocation. If you have received an ignition interlock violation notice, you should contact an experienced ignition interlock defense lawyer such as Attorney Brian E. Simoneau.

Attorney Simoneau is a recognized Ignition interlock devices expert and, in addition to defending clients charged with ignition interlock violations, he routinely consults with and assists other Massachusetts DUI Lawyers in the area of ignition interlock defense.

Other than in straightforward DUI 1st offense hardship license cases, I do not recommend representing yourself at a RMV suspension or hardship license hearing. However, not everyone can afford a lawyer and not all Massachusetts DUI lawyers provide representation at the Registry of Motor Vehicles as part of the services which they provide. If you are trying to represent yourself at a hardship license or suspension hearing before the Driver Control Unit of the Registry of Motor Vehicles, this article will help you understand the process.However, to increase your chances of success, you should have a lawyer assist you with the hardship license or suspension appeal process.

First, you should request and thoroughly review your driving record to see if there is anything holding up your reinstatement. Unpaid speeding or traffic tickets, parking tickets, and excise tax will block reinstatement or a hardship license.  Next, if your license is suspended for 5 surchargable events or because you are a habitual traffic offender, you must take the National Safety Council Class. If your license was suspended for speeding while on a JOL, you must take the NSC Alive at 25 Class as well as the State Courts Against Road Rage program.  Outstanding warrants and recent evidence of driving on a suspended license will also prevent reinstatement or a success at hardship license hearing.

Next, you should review your driving record to make sure that you’ve served the minimum amount of suspension time. The RMV absolutely will not reinstate you or grant you a hardship license until you’ve served enough time. There are different time standards, depending on the suspension reason. Habitual Traffic Offenders must serve 1 year, drug offenders must serve ½ of the suspension time, DUI 2nd offenders must serve 1 year, 3rd offenders must serve 2 years, and DUI 4th offenders must serve 5 years. The Registry can only grant hardship licenses for drug, habitual traffic offender, and DUI suspensions. All other hardship license requests must go before the Board of Appeal of the Massachusetts Division of Insurance.

The next step in the Massachusetts hardship license process is to collect documents. The RMV will require a letter from your work, school, or physician, explaining your hardship and need for a license. The letter should state how public transportation will not suffice. School or work letter should clearly state your school or work hours. Medical hardship letters should explain your appointment schedule, as best as possible. A 12 hour hardship license, which is also known as a work or Cinderella license is valid for 12 hours each day and the hours must coincide with your work, school, or medical need to drive. The letter(s) must be on letterhead and no less than thirty (30) days old.  Other documentation such as a letter from probation, letters of recommendation, reports showing clean drug screens, drug or alcohol program completion certificates, alcohol evaluations, and discharge summaries showing risk of recidivism should also be presented, depending on the case.

Finally, you should prepare to make a compelling case to the hearings officer. You should be ready to explain why you are not a risk to public safety and why you have a substantial need to drive, beyond simple inconvenience. Be ready to address anything in your driving or criminal record, both of which the hearing officer will review. Again, hiring a lawyer is usually the best option and this brief article cannot cover everything related to effective hardship license hearing preparation. However, this information will give you a good starting point if you have decided to represent yourself at a Mass. RMV license suspension hearing. if you are granted a hardship license or full reinstatement, you must pay the applicable license reinstatement fee.

The Massachusetts DUI law has stiff penalties for commercial drivers license (CDL) holders. Operating Under the Influence convictions can result in a one year or lifetime CDL disqualification whether the DUI offense occurs in a CDL motor vehicle or not. Also, chemical test refusals also count as violations which may result in a CDL revocation or disqualification.

Under the Massachusetts CDL disqualification law, there is a minimum mandatory one (1) year license revocation for DUI Alcohol or Drugs, leaving the scene of an accident, refusing the breathalyzer, and using any motor vehicle in the commission of certain felonies. These violations will count against your CDL whether or not they were committed in a commercial motor vehicle or passenger car.

Driving with a commercial vehicle with a BAC of .04 or above will also result in a one (1) year CDL suspension or disqualification. Certain Massachusetts drug offenses such as manufacturing, distribution, or trafficking of a controlled substance or the possession of a controlled substance with the intent to distribute will generate a lifetime CDL disqualification or license suspension.

Under the Massachusetts CDL Suspension Law, certain serious traffic offense will result in mandatory CDL disqualification / suspension.

It is usually very difficult, but not always impossible, to successfully appeal a Massachusetts CDL license suspension. These revocations and disqualifications are mandatory and the Registry of Motor Vehicles does not have discretion. Likewise, the RMV Board of Appeal usually closely follows the law in CDL license suspension or disqualification appeal cases. If you have lost your Massachusetts commercial driver’s license, please contact me today for a free review of your case and legal consultation. Depending on your situation, I may be able to get your CDL restored.

The Registry of Motor Vehicles routinely suspends or revokes the licenses of elderly drivers in Massachusetts as a result of complaints filed by physicians, police officers, and others. When a license is revoked for a “Complaint Immediate Threat” or a “Complaint Medical,” the driver whose license is suspended must usually go through a medical clearance process and competency road test. This process usually involves two hearings before the Driver Control Unit of the Registry of Motor Vehicles.

Some elderly drivers have trouble passing competency road tests, because they have developed some bad driving habits over the years and they may not be driving in strict accordance with the Massachusetts Motor Vehicle Laws and the “rules of the road.” Many Mass. drivers would have difficulty passing a road test conducted by a RMV examiner. Drivers may pick up bad habits over the years, which do not necessarily make them dangerous, unsafe, or bad drivers.

One of the best ways to increase your chances of passing a Registry of Motor Vehicles competency road test is to practice with a qualified Massachusetts Driving Instructor. Getting a driver’s education “refresher,” and doing a couple of simulated road tests, has been found to be very helpful to elderly drivers who are taking the RMV driving test, which can sometimes be difficult to pass without preparation.

The Board of Appeal of the Massachusetts Division of Insurance often orders the Registry to issue learner’s permits to elderly drivers who will take competency road tests. These Massachusetts Lerner’s Permits allow the driver to operate under the direction of a driving instructor, so that the elderly driver can prepare for his or her Registry road test. Adequate preparation can make the difference between passing and failing a Massachusetts Competency Road Test.