Allowing someone to drive your vehicle with a suspended or revoked Mass. License is a criminal offense and it can have severe consequences. I just finished speaking with a gentleman who is facing the revocation of his vehicle’s registration for allowing someone who had a suspended license to drive his car. Under Melanie’s Law, allowing someone to drive your vehicle without a license is a crime and the Registry can suspend the vehicle’s registration and/or the car owner’s driver’s license for up to one (1) year.

Being a “nice guy” and allowing someone to borrow your car may seem like a good idea. However, knowing allowing someone to drive while they are suspended, revoked, or unlicensed can land you in hot water with the police, courts, and the Mass. Registry of Motor Vehicles. If your license or registration is suspended for this reason, which is referred to as a “complaint regulatory,” you are entitled to have a hearing at the Registry of Motor Vehicles and you are allowed to be represented by a lawyer at this important complaint regulatory hearing.

Anyone with 2 or more DUI convictions on his or her Registry record who is reinstating his or her license on or after January 1, 2006, the effective date of the Ignition Interlock Requirement of Melanie’s Law, must have a certified ignition interlock device installed in any vehicle which he or she owns, leases, or operates. Also, anyone with 2 DUI convictions on his or her RMV record who is on a hardship license must use the ignition interlock device. The IID is required during the entire term of any DUI hardship license and for at least 2 years after the driver gets his or her full license back. There is absolutely no way to around this requirement.

After having participated in the Massachusetts Ignition Interlock Device program for the required 2 year period, drivers can apply to have the ignition interlock device removed. The Registry will only approve ignition interlock removal when there have been no alcohol readings or any other ignition interlock device violations for a period of 6 months prior to the removal request, which must come after the driver has served at least 2 years on interlock with a full license. Drivers must carefully follow the Registry of Motor Vehicles removal process which is outlined below.

First, the driver must go to the ignition interlock service provider for a final download of the ignition interlock data. This must be done only after the driver has served at least 2 years on the Massachusetts Alcohol ignition Interlock Program. It takes approximately two (2) hours for the data to be electronically transmitted from the ignition interlock service provider to the Ignition Interlock Unit of the Registry of Motor Vehicles in Quincy.

At least 2 hours after the download, but within 24 hours, the driver must appear at a Massachusetts Registry of Motor Vehicles branch which conducts hearings. The driver must meet with a Registry hearings officer and apply for ignition interlock removal authorization. The Registry Hearings Officer will contact the RMV Ignition Interlock Unit in Quincy and confirm that there have been no violations or alcohol readings within the 6 month period immediately preceding the removal request. Once it is confirmed that the driver is eligible for interlock removal, the Registry Hearings Officer will supply the driver with written authorization.

Only with written authorization from a Mass. Registry Hearings Officer can an ignition interlock device be removed. The driver should take this authorization to the ignition interlock service provider and have the device removed. Upon IID removal authorization, the Registry will remove the “Z” restriction from the driver’s license. When this happens, the driver is no longer interlock required. Interlock required drivers must carefully follow this process. It is important to remember that it is illegal to remove an ignition interlock device without obtaining approval from the Registry in advance.  

This morning I’m at the interlock unit of the Registry of Motor Vehicles in Quincy, attending an Ignition Interlock Violation Hearing for a woman who got two false positive alcohol readings of .180 and .059. The Registry of Motor Vehicles has sent her a violation notice and they have threatened to revoke her license for a period of 10 years for having violated the Mass. Ignition Interlock Law, which prohibits anyone with an interlock restricted license from operating a motor vehicle with a blood alcohol content (BAC) of .02 or above. Here, the woman’s BAC was reported at .180. This is an extremely high reading, as the legal limit in Massachusetts is .08. Her reading was more than double that limit. Based on my extensive experience with the ignition interlock device, this high reading is indicative of contamination, meaning that some contaminant in her mouth was mistaken for blood alcohol. In her case, she was drinking black coffee prior to and while driving. Coffee has been known to produce false positive ignition interlock readings.

Faced with a 10 year loss of license, this client has been extremely distraught, since receiving the ignition interlock violation notice. However, I am confident that the Registry will afford her a full and fair hearing. I will be introducing a 71 page memorandum which explains why the Registry should not revoke her license for this violation, as the readings do not reflect consumed alcohol. The client will testify, under oath, that she consumed absolutely no alcoholic beverages on the date in question or even the day before. 

Anyone who uses an ignition interlock device should be aware that anything consumed immediately prior to or during breath samples can cause interlock device to register an alcohol reading which may result in an ignition interlock violation. Interlock users should only consume water while using the interlock device. 

In cases where the Massachusetts DUI defendant qualifies for the First Offense DUI 24D Program, the Registry will suspend the individual’s driver’s license for 45 days. In North Carolina, however, a First Offense DUI carries a one year license suspension. The North Carolina Courts can authorize the issuance of a hardship license, upon completion of a DUI alcohol program, so that the driver whose license was suspended can get to work, for example.

Unfortunately, the North Carolina Hardship Permit does not translate to a Massachusetts Hardship License and the Mass. RMV will not reinstate a license which is suspended in the National Driver Register, even if the individual has a hardship license in the state where he or she is suspended. However, in these situations, it may still be possible to restore your right to drive while your right to operate is suspended in another state. So long as you have completed a first offender DUI alcohol education program and the state which suspended your license has issued a hardship license or permit, you may be able to drive legally here in Massachusetts. Contact a License Reinstatement Lawyer for more information.

Troopers from the Massachusetts State Police Compliance Unit, along with the Massachusetts Registry of Motor Vehicles Special Investigations Unit (SIU) investigated and successfully prosecuted a corrupt Registry clerk who was accepting bribes and altering driver’s licenses. The Clerk worked at the Watertown and Framingham Registry Branches.

The false license investigation resulted in a successful prosecution and today, in Middlesex Superior Court, Ahmed Siddiqui, 31, of Framingham pled guilty to 10 counts of falsification of a Massachusetts Driver’s License and one count of each of attempting to produce a false Mass. driver’s license, bribery of a public official, and identity theft. Siddiqui was sentenced to 2.5 years in the Middlesex House of Correction, with 6 months to serve and 3 years of supervised probation. Falsification of a Mass. License is a felony.

Siddiqui’s false license convictions will result in the automatic suspension of his driver’s license for one year, as a false license conviction is one of the approximately 65 ways to lose your right to drive in Massachusetts.

Several desperate people have asked me about “buying” a license. It’s next to impossible and anyone who procures such a license is bound to get caught. The Registry uses cutting edge facial recognition software and other effective methods to detect false licenses. If your right to operate is suspended or revoked, the best course of action is to work within the Massachusetts hardship license system to get a hardship license or shorten your suspension or revocation period.

I just got off the phone with a 38 year old gentleman who was represented by a “public defender.” On his free lawyer’s advice, he pled guilty to a 1st offense OUI. He had refused the breathalyzer and had a prior OUI conviction which was more than 10 years old.  Like many who plead out to Mass. DUI charges, he’s regretting his decision because his license will be suspended until May of 2013 and he will be required to use an ignition interlock device while he’s on a hardship license and at least until May of 2015, two years after he gets his full license reinstated. What this gentleman did not realize is that the ninety (90) day suspension for DUI would run only after his 3 years chemical test refusal (CTR) suspension, which the Massachusetts Registry imposed pursuant to G.L. c. 90 § 24 (1)(f)(1), the Massachusetts Breathalyzer Refusal Law. Melanie’s Law requires mandatory interlock usage for all repeat DUI offenders in Massachusetts and there are no exceptions.

Like many, this gentleman asked about getting a new trial, reversing his plea, appealing to the Registry, and taking his case to the Division of Insurance Board of Appeal. In his situation, these avenues are a waste of time and money. He will be interlock required and there’s nothing he can do about it, with the exception of moving out of state and not driving here in Massachusetts.

In every Massachusetts DUI case, there are statutorily imposed penalties such as chemical test refusal suspensions, administrative per se suspensions, interlock requirements, and automatic suspensions for having been convicted of DUI or assigned to an alcohol education program. These penalties are imposed automatically by operation of law and they are not dependent on judicial authorization. Instead, these penalties are triggered by factors such as the DUI defendant’s prior record, failing or refusing a breathalyzer, and whether or not the defendant is assigned to an alcohol education program or is convicted of DUI. Nothing else matters, including the terms of the plea agreement. Massachusetts DUI attorneys should be careful to properly and fully advise their clients of the consequences of pleading out.

Many people who have lost their licenses because of a DUI conviction make the mistake of going to the Massachusetts Registry of Motor Vehicles to get a hardship license with the wrong alcohol program. Some wait for hours, only to have a Registry hearing officer inform them that they cannot be considered for a Mass. hardship or work license, because they do not have the proper alcohol program. The Registry takes a zero tolerance approach to the alcohol program requirements and Registry hearing officers will not waive the requirement. DUI First Offenders and those with a second chance first offender disposition are required to enroll in a 16 week out-patient program, known as the Massachusetts 24D first offender alcohol program. DUI Second offenders must successfully complete a 14 day in-patient alcohol treatment program known as the DUIL program. In addition to the 14 day alcohol program completion certificate, the Mass. RMV requires a discharge summary showing the risk of relapse or recidivism and a letter from the 2nd offender program regarding hardship licensing.
DUI 3rd offenders are required to have completed a ninety (90) day in-patient 3rd offender program. DUI 3rd offenders are also required to provide documentation regarding recidivism and aftercare. All hardship licenses for DUI 3rd offenders must be approved by the Director of the Driver Control Unit of the Mass. RMV.

In some cases, the Division of Insurance Board of Appeal, after a hearing, may authorize the issuance of a hardship license without the required alcohol program. However, the Board of Appeal will only grant hardship relief upon a showing of a legitimate and substantial need to drive along with adequate evidence that the hardship license applicant has brought the causes of his or her past or present alcohol issues under control, such that authorizing a hardship license will not endanger public safety. The Board requires use of the ignition interlock device as a condition of any hardship license issued to a second or subsequent OUI offender. There are absolutely no exceptions to this requirement.

In addition to documentation regarding the proper alcohol program, the Board of Appeal and the Mass. Registry require other items such as work letters, evidence showing the lack of sufficient public transportation, and a letter from the hardship license applicant’s probation officer. The Registry requires that all other active license suspensions or revocations must be completed prior to considering someone for a hardship license.

Legal representation can increase your chances of obtaining a hardship license. Call or e-mail for a free consultation and review of your Massachusetts hardship license case.

Operating an uninsured motor vehicle in Massachusetts, or allowing an uninsured vehicle to remain on any Massachusetts roadway, either public or private, is a criminal offense pursuant to the Massachusetts Automobile Insurance Law. Whenever someone pleads guilty to or is convicted of no liability policy, the Mass. RMV will automatically suspend that person’s license for 60 days for a first offense and for 1 year for a 2nd no liability policy offense. The Registry of Motor Vehicles will not issue any hardship license for no liability policy suspensions and requests for hardship licenses must be filed with the Massachusetts Division of Insurance Board of Appeal.

A conviction for operating without automobile insurance in Massachusetts will also count against a driver under the Massachusetts 7 surchargable event suspension law and the Mass. Habitual Traffic Offender Law. These suspensions will be imposed in addition to the 60 day or 1 year no liability policy license suspension. Lawyers should be aware of these consequences when representing clients who are charged with violating G.L. c. 90 § 34J.

Charges of operating an unregistered motor vehicle or operating after revocation of the vehicle’s registration often accompany no liability policy charges. This happens because the Massachusetts Registry of Motor Vehicles will automatically revoke the registration of a vehicle which does not have a liability policy in effect. This automatic revocation occurs when the insurance company electronically notifies the Registry that the coverage on a vehicle has lapsed, usually due to non-payment of the insurance premium.

Automobile insurance is compulsory in Massachusetts and failure to maintain a liability policy can result in severe consequences such as the revocation of your vehicle’s registration and the loss of your driver’s license or right to drive in Massachusetts. Also, violating G.L. c. 90 § 34J is a criminal offense carries a minimum fine of $500.00 up to $5,000.00 and a sentence of up to one year of incarceration in a house of correction. Because of these stiff penalties, if you have been charged with or cited for operating an uninsured motor vehicle in Massachusetts, you should contact a lawyer for assistance.

The Mass. RMV suspended licenses for any one of approximately 65 different reasons. Whenever someone’s license is suspended by the Massachusetts Registry of Motor Vehicles, a letter is sent to the address on file with the Registry. This is why it is important to notify the Registry of any change of address. In fact, G.L. c. 90 § 26A requires license holders to notify the Registry within thirty (30) days after making an address change.

Keeping the Registry of Motor Vehicles informed of your current address is important because the Registry sends letters regarding suspensions and revocations to the address on file for the license holder. These letters are often misunderstood. I’ve had numerous clients misread and misinterpret these important letters which state, in part, as follows: “When your license or right to operate motor vehicles has been suspended or revoked, you must immediately cease to operate all motor vehicles until your license or right to operate has been reinstated.” The letters from the Registry also state that “If the above applies to the registration of your motor vehicle, operation of such vehicle must cease at once and the registration certificate and plates must be surrendered to me immediately.”

Many people read the preceding sentence to mean that they must surrender their registration and license plates if their license is suspended. This is incorrect. The Mass. Registry only requires surrender of registrations and plates if the registration, and not just the person’s license, is suspended or revoked. The Registry letters usually also inform the recipient that they may have a hearing at the Driver Control Unit of the Registry of Motor Vehicles. The RMV Suspension and Driver Control Unit is located on the 4th Floor of the Chinatown Branch of the Registry, 630 Washington St, Boston, MA. You have the right to be represented by a lawyer at any Registry hearing  and, depending on the case, legal representation can be a very good idea.

If you have an outstanding default warrant in Massachusetts, no matter how old, the Massachusetts RMV will suspend your license or right to drive in Massachusetts and flag you in the National Driver Register, so that you cannot get a license issued or renewed in another state, unless and until the arrest warrant is cleared and you present a release to the Mass RMV.

Mass. DUI Lawyer Paul B. Watkins has been busy lately, handling old Operating Under the Influence of Alcohol cases which resulted in the issuance of arrest warrants, from as far back as the 1980s. These warrants have prevented license renewals across the country. With his in-depth knowledge of court records and procedures, Attorney Watkins has been able to successfully argue for dismissal of these old DUI cases and get the arrest warrants recalled, so that his clients can renew and reinstate their expired or revoked driver’s licenses.

The recent increase in National Driver Registry (NDR) holds on licenses is apparently due to the Massachusetts courts entering old warrants into the computerized warrant database. My office has seen a substantial increase in license issued related to old default warrants. This increase has also been confirmed by the court staff, who handle warrants on a daily basis.

Clearing and old warrant for DUI, driving on a suspended license, reckless driving, no liability policy, unlicensed operation, or for any other criminal offense, can be confusing and frustrating. Many clients do not even know where to start. Living out of state can make clearing the warrant even more difficult. Fortunately, Mass. DUI Attorney and Criminal Defense Lawyer Paul Watkins is able to clear these warrants with the client experiencing a minimum of inconvenience. If you are trying to clear an old warrant, contact us today for a free review of your situation.