The Massachusetts Registry of Motor Vehicles will only issue dealer plates if the Registrar is satisfied that the applicant is legally entitled to possess them by under Mass. Motor Vehicle Law, Chapter 90. The holding of a license to sell automobiles from a city or town, or opening a business as a recreational, boat or trailer dealer does not automatically guarantee that the Registry will issue you dealer plates.

Instead, the Mass. RMV makes an independent assessment pursuant to G.L. c. 90 to assess an applicant’s eligibility for a Massachusetts Dealer Plate. An initial site visit by the Massachusetts State Police Compliance Unit will be made to determine compliance with legal requirements for the dealer's facility and to evaluate the appropriate number of Dealer Plates to be recommended for issuance. The Registry of Motor Vehicles determines the actual number of license plates that will be issued, if any.

An applicant for Dealer Plates must be engaged principally and substantially in the business of buying, selling or exchanging motor vehicles or trailers and maintain a facility dedicated to carrying on that business. The Mass. RMV will not knowingly issue or re-issue Dealer Plates to an applicant if his/her business is located within residential living quarters, whether or not the dealer or someone else actually resides there, or whether no one resides there. The Registry requires that the premises must be used exclusively for the dealer's business.

The Mass. State Police or Registry inspectors will make follow-up random "spot checks" will be made from time to time to make sure that the dealer is complying with relevant laws and policies, including maintaining certain records (if required) and using the issued Dealer Plates appropriately. The State Police and RMV investigators are allowed to conduct these inspections during normal business hours and the first thing they usually check is the "Used Vehicle Record Book.” These site visits can result in Registry hearings and the revocation of dealer plates. If this happens to you, you should contact a lawyer such as Attorney Brian E. Simoneau. Attorney Simoneau has represented dealers before the RMV in hearings involving alleged misuse of dealer plates.

If you need legal assistance getting dealer plates or if you have been issued a RMV hearing notice regarding alleged dealer plate violations, please contact  Attorney Brian E. Simoneau for a free consultation and case review.

The best Massachusetts DUI Lawyers know that it is possible to get a not verdict in a drunk driving case, even with high breathalyzer readings. In some cases, it may be possible to prevent the jury for even hearing about the alcohol readings. In Massachusetts, in order for breath test results to be admissible in a DUI trial, the breath analysis must have been performed by a certified operator using a certified infrared breathalyzer and the test must be conducted in accordance with the procedures established by the Office of Alcohol Testing.

This means that for breathalyzer readings to be used against some accused of DUI in Massachusetts, the test must have been conducted on an approved and certified breath testing device, by a trained and certified police officer who followed specific procedures and rules. These rules are designed to insure that the breathalyzer and alcohol simulator solution, which is used to confirm the accuracy of the breath tests, are working properly and that they produce reliable and accurate alcohol readings.

Massachusetts DUI law establishes a mandatory program which requires annual and periodic testing of breathalyzer equipment and simulators used in drunk driving cases. There is a procedure which applies to the Alcotest 7110 MKIII-C breathalyzer and CU34 simulator solution unit. This procedure must be followed if breathalyzer results are going to be used in a DUI case, so as to ensure accuracy of the breathalyzer results. The procedures require that an analyst tests each Alcotest breathalyzer annually and the machines must be tested and proven every time they are used.

A good Massachusetts DUI attorney may be able to successfully challenge the breathalyzer results on the grounds that the required procedures were not followed. If the breathalyzer and simulator solution were not working properly at the time the breathalyzer test was performed, their results must be excluded from trial. In-depth knowledge of these procedures allows the best DUI lawyers to get not guilty verdicts, even in cases where there are high BAC readings.

Those facing criminal charges for offenses such as DUI, driving to endanger, or other motor vehicle related offenses such as motor vehicle homicide, should be aware of the possibility of the court imposing license suspension penalties as a condition of probation.  In Massachusetts, judges have the legal authority to impose terms and conditions of probation which can include a prohibition against seeking a driver’s license or operating a motor vehicle.  A violation of probation may result in a surrender hearing and possible jail time. This penalty, which judges sometimes impose, is in addition to any statutory license suspension.  It is for this reason that the Board of Appeal requires that hardship license applicants notify their probation officers prior to appearing before the Board for a limited or hardship license.

If a judge imposes a driving restriction as a probation condition or he issues a court order which prohibits an individual from driving, neither the Massachusetts Registry of Motor Vehicles nor the Board of Appeal of the Division of Insurance will grant any type of restricted or hardship license. The only way to get a license in such circumstances is to have the court order modified or vacated by the court system. The Registry and Board of Appeal will respect the order of the court.

Most Massachusetts DUI lawyers are aware of potential additional license suspensions arising from probation conditions or court orders and they will take the steps necessary to protect their clients from such consequences, to the extent possible. Most of these issues can be worked out with the court and the district attorney’s as part of the plea negotiation process. However, it is important to remember that even if the RMV somehow allows an individual to apply for a license, he or she may be violating terms and conditions of probation, or a court order, by attempting to obtain a driver’s license or operate a motor vehicle.

If your license is suspended or revoked under the habitual traffic offender law, the Massachusetts JOL speeding law, or for subsequent DUI convictions, after you have served your revocation time, you must submit a new license application and apply for a full license exam. You can do this at any full service Registry of Motor Vehicles with four pieces of positive identification: (1) SSN card or valid current U.S. or non-U.S. passport, (2) a Document proving date of birth, (3) a document proving your signature, and (4) a Document proving signature. You must also pay a reinstatement fee of at least $500.00 and the $30.00 fee for the learner's permit exam. Your license will not be reinstated unless and until you pay the required fees. The Registry does not accept credit cards for reinstatement fees. Instead, you must pay by cash or check.

Once you take the written test and obtain the Massachusetts Learner’s Permit, you can schedule a road test. Upon successful completion of the road test, you will be issued a new driver’s license. If you’re reinstating from a 2nd, 3rd, or 4th offense DUI suspension, you will need to have the ignition interlock device installed in your vehicle prior to getting your license. You will need to have the interlock device while you are on any hardship license and for a minimum of 2 years after getting a fulltime license.

When faced with a license suspension for DUI, being a habitual traffic offender, ignition interlock violations, or other suspension reasons, many people believe that  getting a license in another state is a viable solution. For a number of reason, this is not likely a valid option. First, if your Massachusetts license is suspended or revoked, for any reason, having a license issued by another state is no defense. You are still committing the criminal offense of driving on a suspended license, even though you may have a license from another state. The Massachusetts suspension will take precedence, in Massachusetts, over the other license and you can be arrested and prosecuted for operating after suspension or revocation.

Secondly, the National Driver Register (NDR) will likely prevent you from getting a new license in another state if your Massachusetts license is suspended or revoked. The NDR was designed to the assist Registry and Motor Vehicle Departments in exchanging information about the motor vehicle driving records of individuals, so that a driver with a suspended license is unable to get a license in another state.

The National Driver Register is a computerized database where driving records are cross-referenced to identify drivers who are under suspension or revocation. The National Driver Registry maintains a problem driver "pointer system," and adverse information about a driver in that system is relied upon by the State to deny license issuance or renewal. The "Problem Driver Pointer System" is a system whereby the NDR causes information regarding the motor vehicle driving records of individuals to be exchanged between the State which took adverse action against a driver (State of Record) and the State requesting the information (State of Inquiry).The system works by matching the driver’s last name and first few characters of the driver’s first name and date of birth. It does not depend on license or social security number matching as a primary means of identification. The Massachusetts RMV and motor vehicle departments throughout the country check the NDR prior to issuing or renewing a driver’s license.

Prior to the implementation of the National Driver Register and the Problem Driver Pointer System, states relied on the Driver License Compact, which was an agreement between states to share information regarding DUI license actions, drunk driving suspensions, and other reportable convictions and license transactions. Under this system, it was possible to “dodge the bullet” if a state where the suspension originated was not a member of the Driver License Compact. Now, all 50 states have converted to the National Driver Register's Problem Driver Pointer System, which was established through federal legislation.

Additionally, in Massachusetts, the RMV Board of Appeals looks upon out of state license applications which are filed close in time with a Massachusetts suspension with suspicion. The Board is familiar with individuals trying to get licensed in other states in order to avoid the consequences of their actions and it  will likely hold this against the individual in any hardship license hearing.

If you are facing a license suspension or revocation, the best course of action is to consult with a license suspension specialist such as Attorney Brian E.  Simoneau or Attorney Paul B. Watkins and appeal the suspension.  License suspensions can be appealed to the Registry of Motor Vehicles, the Board of Appeal of the Division of Insurance, and to the courts. It may be possible to avoid the suspension completely, reduce the suspension time, or get a hardship driver’s license.

The Massachusetts License Suspension Law, G.L. c. 90 § 22(c) states that if a Massachusetts resident or Mass. licensed driver is convicted in another state of a motor vehicle violation, the Mass. RMV is required to treat the conviction as if it had occurred here in Massachusetts. The Registry has interpreted this legal requirement to mean that the Florida offense of “careless driving” should be treated as a conviction for “negligent operation” in Massachusetts. This means that if a Massachusetts resident or Mass. license holder is convicted of careless driving in Florida, the Mass. Registry of Motor Vehicles will suspend the person’s driver’s license for at least 60 days. Also, the FL careless driving violation may count against the person under the Massachusetts Habitual Traffic Offender Law.

Apparently, Florida police officers routinely issue citations for careless driving. Several Massachusetts residents who were involved in Florida traffic accidents have reported that Florida police officers are required to issue careless driving tickets anytime there is a motor vehicle accident. These out of state accidents can result in automobile insurance surcharges as well as Massachusetts license revocations.

There are legal differences between the Florida Careless Driving violation and the Massachusetts Negligent Operation offense such that it may be possible to have these careless driving license suspensions overturned by the Board of Appeal of the Division of Insurance. Contact Attorney Brian E. Simoneau for more information.  

As part of the Registry’s new Employee Recognition Program, Massachusetts RMV Hearings Officer Iris Benitez received an award recognizing her as a prompt and customer friendly Registry Hearing Officer who serves as a model for other Mass. Registry Employees. Ms. Benitez conducts license suspension, revocation, and hardship license hearings at the Driver Control Unit, which is located at the RMV’s Boston Branch at 630 Washington St. in Chinatown. Ms. Benitez is a firm but fair hearing officer who thoroughly analyzes complex license suspension cases and decides them in accordance with Registry policy. She was recognized as a DOT Employee of the Month for May, 2010. Contratulations to Ms. Benitez for her excellent work.

The Massachusetts Ignition Interlock Device Law only prevents the driver whose license is restricted from operating with blood alcohol readings in excess of .02. This means that family members and others who drive the DUI offender’s vehicle do not violate the law by driving with a low level of blood alcohol. However, in Massachusetts, even low alcohol readings can trigger a license suspension. Therefore, the true identity of the driver in ignition interlock violation cases is often questioned.

In order to address this issue, the Massachusetts Registry of Motor Vehicles requires interlock users to sign an acknowledgement which states that “If my Ignition Interlock Device is locked out, I understand that the Registry will consider any lockout of the device to have been caused by me, and also understand that it is my responsibility to inform anyone using my vehicle(s) of that. Since any lockout of my vehicle will be assessed against me, I accept responsibility for any lockouts of the vehicles I own.”

The acknowledgement places an unfair burden on the interlock-restricted driver and unfairly attempts to make him or her responsible for IID lockouts, which may result in a 10 year or lifetime license revocation. Instead of unfairly trying to make the holder of an interlock restricted license automatically responsible for all lockouts, whether he or she was driving or not, technology can be used to determine who was driving at the time alcohol readings were recorded.

At least two interlock companies, Smart Start and Intoxalock, use small cameras to record an image of the person providing breath samples. This protects the driver from alcohol readings caused by others and it further protects the driver by showing that he or she is actually the person providing the breath sample. Images of the person blowing into the IID are very helpful in cases where it is alleged that the ignition interlock restricted driver had someone else blow into the IID. I predict that other interlock companies will offer video-equipped breath alcohol ignition interlock units in the near future. Given the “guilty until proven innocent” theory upon which the Massachusetts Ignition Interlock Program is based, these video-equipped IIDs will be helpful in the defense of drivers accused of certain intelrock violations.

The Associated Press reported that Vermont State Police have charged a Massachusetts resident with driving a golf cart under the influence of Alcohol. In a story reported by the Cape Cod Times, an Orleans, Massachusetts resident was charged with driving a golf cart after he had allegedly consumed 4 or 5 cans of beer.

For a DUI conviction in Massachusetts, it is required that the driver operate a motor vehicle on a public way or right of access, while under the influence of drugs or intoxicating liquor. It is unknown whether a golf cart would qualify as a motor vehicle under Massachusetts Law. However, if the driver of the golf cart is convicted, he may lose his license in Massachusetts, under a law that requires the Registry to treat out of state DUI offenses committed by Mass. residents or license holders as if they had occurred here in Massachusetts. Also, if the State of Vermont suspends the man’s license, Massachusetts may do likewise under reciprocity.