A conviction for being a minor in possession of alcohol will result in an automatic 90 day license suspension under the Massachusetts Minor in Possession law, G.L. c. 138 § 34C. The law states that “A conviction of a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court, and said registrar shall thereupon suspend for a period of ninety days the license of such person to operate a motor vehicle.” There is no ability to get a hardship license from the Registry of Motor Vehicles. However, in some cases, it may be possible to get hardship relief by going to the Massachusetts Division of Insurance Board of Appeal.

Because of the automatic loss of license triggered by a minor in possession conviction, it is advisable to try to get the case resolved with an admission to sufficient facts followed by a continuance without a finding. Unlike a conviction or guilty plea, a CWOF will not trigger the automatic 90 day license suspension. Similarly, a conviction of being a minor and attempting to purchase alcohol, misrepresenting your age, or defacing or falsifying a license or identification card, with the intent to purchase alcohol, will trigger a 180 day driver’s license suspension pursuant to G.L. c. 138 § 34A.

The Massachusetts alcohol law further provides that anyone who transfers, alters or defaces any Mass. RMV Liquor ID card or driver’s license, or who makes, uses, carries, sells or distributes a false identification card or license, or uses the identification card or motor vehicle license of another, or furnishes false information in obtaining a Registry ID card or license, shall be guilty of a misdemeanor. The law states further that the Mass. RMV may, suspend the license or right to operate and the certificate of registrations of any person for up to 6 months, whenever the Registry, after a license suspension hearing, has reason to believe that said person has violated the law listed above. It is noteworthy that a conviction is not required in these situations and all that is required is a “reason to believe” that there was a violation of the Mass. False ID Law, G.L. c. 138 § 34B.

If you have been called in for a Regsitry hearingt due to Minor in Possession or False ID allegations, you are entitled to be represented by a lawyer. Call for a free, no obligation case review & confidential consultation.

I just received a call from a gentleman who recently pled out in District Court to driving on a suspended license, 2 counts, and negligent operation of a motor vehicle. The nitwit public defender handling his case informed the man that by pleading out and paying the court costs, her client would be able to apply for a hardship license. Nothing could be further from the truth. When the gentleman pled out, he triggered a 4 year loss of license under the habitual traffic offender law and additional automatic license suspensions triggered by convictions for operating after suspension and negligent operation. Now, he will not be eligible for hardship consideration for quite some time and he will have to go to the Board of Appeal, instead of the Registry. The RMV will not grant hardship licenses in circumstances such as these, where there are multiple habitual traffic offender and recent operating after suspension charges.  Given the man’s long driving and criminal records, it is highly unlikely that the Board of Appeal will afford him any relief either, especially with the new convictions on his record. These convictions were the product of this man following bad legal advice, given from a lawyer who had no understanding of the collateral consequences associated with convictions of automobile law violations.

The above-mentioned disaster stands in contrast to another situation where a criminal defense lawyer contacted me to find out, with certainty, what the consequences would be to a conviction for 2nd offense DUI, with the first offense occurring more than 10 year ago, where her client refused the breathalyzer. This lawyer knew enough to realize what she didn’t know and she found a resource, so that she could get the right answer and properly represent and advise her DUI client.

Fox Boston recently reported on a controversial policy which allows illegal immigrants in Massachusetts to register their motor vehicles, even when they do not have driver’s licenses. It is a misconception that a valid license is required to register a car in Massachusetts. The Registry does not require that vehicle owners have active drivers licenses in order to register their vehicles. The RMV acknowledged that approximately three thousand vehicles are currently registered to individuals who do not have Massachusetts Driver’s Licenses.

There is nothing in the Massachusetts Motor Vehicle Laws which requires a valid license to register a car. In such cases, where the owner of a vehicle does not have a license, the Mass. RMV assigns the owner a number beginning with an “X,” commonly referred to as an “X” number. This is used in the Registry computer to identify the unlicensed vehicle owner.

Although it is possible to have a vehicle registered to someone who is unlicensed, if someone’s license is suspended or revoked, his or her vehicle registration can also be suspended or revoked. The Registry makes a distinction between “unlicensed” and “suspended.” The practice of revoking the registration and plates of someone with a suspended license is designed to prevent them from driving on a suspended license.

The Massachusetts Department of Transportation reported that the Registry of Motor Vehicles opened a new branch in Lowell, Massachusetts. The Mass. Department of Transportation (DOT) partnered with the City of Lowell to work out arrangements and details which allowed the new branch to open. The Registry facility is described as “state of the art” and it is designed to improve customer service to those in the Lowell, Massachusetts region.

The new Lowell Registry is located at 77 Middlesex Street, Lowell, MA  01852, in the Edward J. Early Parking Garage Building. It replaces the branch located at 450 Chelmsford Street in Lowell, which closed on June 4, 2010.

License reinstatement, suspension, and hardship license hearings will not be conducted at the new Lowell RMV branch. Instead, if you need to see a Registry of Motor Vehicles Hearings Officer, you must go to the Lawrence, Massachusetts Registry. The Lawrence Registry is located at 73 Winthrop Avenue, Lawrence, MA. Hearings are conducted daily from 9:00 AM to 5:00 PM., and on Thursday from 10:00 AM to 5:00 PM.  RMV Hearing Officers are also located in Boston, Brockton, Fall River, S. Yarmouth, Springfield, Wilmington, and Worcester on various days of the week, at various times.

Hearings for breathalyzer refusal suspensions are only conducted at the Registry of Motor Vehicles, Driver Control Unit, which is located at 630 Washington Street in Boston. These hearings must be held within fifteen (15) days of the chemical test refusal suspension.

Individuals who appear before the Mass. RMV Board of Appeal at hardship license or license suspension appeal hearings should be represented by a skilled and qualified lawyer who specializes in Massachusetts License reinstatements and appealing license suspensions and revocations, such as Attorney Brian E. Simoneau. There is no substitute for experience when it comes to fighting a license loss in Massachusetts. License reinstatement lawyers are intimately familiar with how the Board of Appeal and the Mass. RMV operate. This knowledge can make the difference and hiring the right attorney can dramatically increase your chances of success.

License reinstatement lawyers know that both the Mass. RMV and the Division of Insurance Board of Appeal will have a complete copy of a hardship license applicant's entire Massachusetts driving record and criminal record at every suspension appeal or hardship license hearing, whether at the RMV or Board of Appeal. Those appearing for hearings must be prepared to credibly and convincingly explain items contained in driving or criminal records. It is therefore essential to obtain copies of both of these key documents prior to any hearing, as part of the preparation process.

In order to succeed at the Registry or Board of Appeal, you must be able to explain the arrests, convictions, and citations which appear on your driving record and criminal record. The Registry of Motor Vehicle Hearings Officer or Board of Appeal is likely to ask about the events which triggered the loss of license as well as any other alcohol related charges. Applicants are also likely to be questioned about recent driving on a suspended license charges and violations such as driving to endanger or leaving the scene of an accident. In order to win and get a Massachusetts hardship license, the Board or the Registry must have explanations regarding the incidents which show that you are not a danger to public safety, which is the primary concern in hardship license hearings. Appellants must demonstrate that the past or present problems which resulted in the loss of license have been brought under control such that the appellant is safe to operate a motor vehicle. A Mass. RMV lawyer can help in this area. Representation by an attorney who has years of experience in dealing with the Registry's Driver Control Unit and the Board of Appeal can dramatically increase your chances of getting back on the road.

Individuals seeing a hardship license from the Registry of Motor Vehicles or the Division of Insurance Board of Appeal must present substantial evidence that the hardship license applicant is not a danger to public safety and that he or she has a substantial and overriding need to drive. Applicants seeking work licenses from either the Board of Appeal or the Registry must provide documentary proof of employment. In many cases proof of employment can make the difference between getting denied or getting a 12 hour work license. The employer’s letter should be on letterhead, signed by someone in the company, and it must explain the applicant’s work hours and need to drive. The letter should address whether or not public transportation will allow the Cinderella license applicant to get to and from work.

Many jobs require travel during the workday. For example,  plumbers, roofers, electricians, computer technicians, salesmen, delivery persons, truck drivers, and construction supervisors are required to travel considerable distances to various jobsites and work locations. In these cases, the work letter should explain that he need to drive as part of the applicant’s job.
In some cases, it is not possible to obtain a work letter. In those situations, employment can be verified by pay stubs and tax records. Proper documentary evidence of employment is essential, because the law requires the Registry and the Board of Appeal to issue DUI hardship licenses only for work, school, or medical reasons. It is, therefore, not possible to get a hardship license to look for work. Persons who are unemployed should not apply for a hardship license unless and until they have a documented job offer.

The Board of Appeal will generally accept a letter documenting a job offer, where the author states that he or she would offer the hardship license applicant a job , upon the issuance of a driver’s license.  In license suspension appeals before the Board of Appeal, the more paperwork and documentary evidence an appellant submits regarding likelihood of recidivism, risk to public safety, and need to drive, the better the chances that he or she has in winning the appeal and getting a driver’s license.

Except in DUI 2nd offense cases where the first offense is more than 10 years old, hardship licenses are not available during any breathalyzer refusal suspension. Also, hardship license applicants must serve the minimum required amount of suspension time prior to applying for a hardship license from either the Registry of Motor Vehicles (RMV) or the Board of Appeal.  

I just received an e-mail from an individual who has 4 DUI convictions on his record. He refused  to take the breathalyzer when he was arrested, because the police officer administering the breathalyzer told him that he would lose his license for 5 years if he refused. This is legally incorrect; the Massachusetts DUI law states that a chemical test refusal with 3 prior convictions for operating under the influence (OUI) automatically results in a lifetime license revocation.
The individual who will never hold a driver's license again, for the rest of his life, had an opportunity to challenge the breathalyzer refusal. However, his appeal must have been filed with the Registry of Motor Vehicles within fifteen days of his chemical test refusal suspension. Now, the courts are without jurisdiction to entertain his appeal. Furthermore, the RMV Board of Appeal states that it does not have jurisdiction to hear chemical test or breathalyzer refusal appeals, as they must be appealed first to the Mass. RMV and then to the district court.

Under the current system, this gentleman is without any legal recourse. The Registry will not allow him to file a late appeal and neither the courts nor the Board of Appeal will afford him relief or even a hardship license. Instead, he must suffer through a lifetime loss of license. Some may say that this is a just result. However, given the general lack of public transportation in Massachusetts, it is extremely difficult to support a family and survive without being able to drive, at least on a limited 12 hour basis. An ignition interlock device would protect the public by preventing this individual from starting his vehicle if he had been consuming alcohol. Nevertheless, under the current Massachusetts DUI laws, this man will never again hold a driver's license. 

Faced with such a dire situation as never being able to hold a driver's license, many people ask if they can move out of Massachusetts and apply for a driver's license in another state.  Unfortunately, the National Driver Register and the Problem Driver Pointer System, a computerized nationwide database which connects the RMV with Motor Vehicle Departments across the country, will prevent this. His license record will be flagged and he will not be able to obtain a license in any other state without clearing his record with the Mass. RMV, something that will not happen.

If the gentleman now saddled with a lifetime license revocation had appealed the breathalyzer refusals suspension within the 15 day period established by law, it is likely that he could have avoided the suspension. Being provided with misinformation by the police and deciding to refuse the breathalyzers based on inaccurate information is grounds for reversal of the license suspension. This case illustrates how important it is to contact a Massachusetts DUI Lawyer immediately, so that your legal rights can be preserved and protected.

Attorney Paul Watkins, a Mass. DUI Lawyer and license suspension specialist scored an important victory for his client, a 38 year old professional woman, who was charged with driving on a suspended license. The central Massachusetts woman had multiple convictions for driving after her license had been suspended and other motor vehicle violations. She faced potential jail time and, if convicted, an additional one year license suspension. Earlier this week, Attorney Watkins was able to get the case continued without a finding for 6 months, after which time it will be dismissed. Given the woman’s history and the facts and circumstances of her case, this was an excellent result.

Driving suspended can have serious consequences, including incarceration, stiff fines, additional suspension time, a 4 year loss of license under the Habitual Traffic Offender Law, and substantial insurance premium increases. Through Paul's excellent lawyering, all of these consequences were avoided. The client's prior criminal record made this a tough case. Nevertheless, Attorney Watkins was able to achieve another victory.

The State of Connecticut just enacted a law requiring those who have a 2nd DUI conviction within a 10 year period to participate in the ignition interlock program. Drivers of ignition interlock equipped vehicles must blow into the device prior to trying to start the car. The interlock device prevents will prevent a vehicle from starting if the driver's breath registers an alcohol reading above a pre-set limit. In Massachusetts, that limit is .02 and in Connecticut, the initial start limit is .025. These devices enhance public safety because they physically prevent a DUI offender from starting his or her motor vehicle while intoxicated. Prior to the enactment of this law, ignition interlock usage in Connecticut was voluntary and it allowed those serving DUI license suspensions to get back on the road after serving one year of the suspension term. There are currently four companies approved to install ignition interlock devices in Connecticut: Consumer Safety Tech, Inc. (CST), Draeger Safety Diagnostics, Smart Start, and SOL America. 

Connecticut's ignition interlock law is similar to the law enacted as part of Melanie's Law in Massachusetts. Here, all second offenders are required to serve at least 2 years in the ignition interlock program and the devices are required for all subsequent offenders while on any type of DUI hardship license. The Mass. RMV requires interlock users to have their devices downloaded and serviced every 30 days, while Connecticut requires ignition interlock devices to be serviced every two months.

The Connecitcut Governor also enacted a law which requires background checks for DMV employees who have the authority to issue driver's licenses and Registry ID cards. The purpose of this law is to enhance the security of state-issued licenses and ID cards, in accordance with the federal "Real ID" law.

Massachusetts has the harshest ignition interlock penalties in the country and, if you have an interlock restricted driver’s license, more than just alcohol readings can trigger a 10 year or lifetime license revocation.  Here are some potential causes for Massachusetts ignition interlock license suspensions, which many people may not be aware of.

First, interlock users are required to bring the interlock-equipped vehicle to the service provider to have the data downloaded each and every month. Missed interlock service visits will result in the issuance of a violation notice and the scheduling of a RMV hearing.  The Registry enforces this monthly monitoring requirement with a zero-tolerance approach. This means that even if the vehicle is not drivable or it has mechanical problems, you must have it towed to the interlock service provider to have the data downloaded.

Secondly, relying on advice from the interlock service providers regarding ignition interlock removal or other such matters may cost you the right to drive for 10 years or life. Only the Registry of Motor Vehicles has the authority to grant early ignition interlock removal and only after a hearing where a RMV hearing officer reviews the interlock user’s record and determines that there have been no alcohol readings or interlock violations during the 6 month period immediately preceding the removal.

Third, missing rolling re-tests is considered a violation which may result in the suspension of your driver’s license. One way to avoid missed rolling re-tests is to turn the engine off and not leave it idling. Many people forget this and leave the car running in the winter for the heat or in the summer for the air conditioning.  Rolling re-tests are required anytime the engine is running and not only when the car is being driven.

Finally, registering a car in your name without the interlock device is a violation. The IID must be on each and every vehicle which you own, lease, or drive. In one case, an interlock-required driver registered his wife’s car in his name, because he had a better credit score. He had two interlock-equipped vehicles and never drove his wife’s car. Nevertheless, because he was listed as the owner of a non interlock equipped vehicle, the Registry revoked his driver’s license for life. He will likely get it reinstated on appeal.

Following this advice, from a Massachusetts Ignition Interlock Lawyer may prevent you from going through a Registry Ignition Interlock Violation Hearing and perhaps losing your license for 10 years or life. If you are facing an ignition intelrock violation for alcohol readings or any other reason, contact Attorney Brian E. Simoneau for a free consultation and case review. Attorney Simoneau is an expert on the ignition intelrock device and he has successfully handled a large number of intelrock violation cases.