Reporter Kathy Curran of the WBZ I-Team recently did a story regarding repeat DUI offender James F. Rooney of Stoughton, Massachusetts. The Massachusetts Registry of Motor Vehicles suspended Rooney’s driver’s license suspended for 8 years, apparently as a result of a 3rd offense DUI conviction. His license will remain suspended at least until 2016.

Rather than repeatedly driving on a suspended license, Rooney had the ability to be considered for a 12 hour hardship license, issued after a hearing before either the Mass. RMV or the Board of Appeal of the Division of Insurance. Instead of driving legally on a hardship license, Rooney chose to repeatedly drive on a suspended license. This was definitely a bad choice, as Rooney was not driving out of necessity or because of a true emergency.

The I-Team report suggested that Rooney did not attempt to obtain a DUI Hardship License because Melanie’s Law would require him to install an ignition interlock device in his car and he did not want to do so. This is supported by Rooney having been found not only driving on a revoked license, but also purchasing beer. The ignition interlock device would have prevented him from starting his vehicle if he had a blood alcohol content above .02.

Because of the I-Team report, the police may cite, charge, and prosecute Mr. Rooney for the crime of driving on a license which was revoked for operating under the influence. This conviction carries a minimum mandatory 60 day jail sentence. Rooney may be required to serve a longer sentence, due to factors such as his Massachusetts Criminal Record, RMV driving record, and the flagrancy of his conduct.

This case illustrates two important points. Driving on a suspended license is a serious crime which can result in mandatory jail sentences and other stiff penalties, all of which can be avoided with the issuance of a hardship license. Also, this case shows that long license suspensions do not necessarily protect public safety. Drivers such as Rooney may continue to drive anyway. However, mandatory installation of the ignition interlock device is a sound protective measure. An ignition interlock device would physically prevent Mr. Rooney from starting and operating his vehicle. 

Melanie's Law, enacted in October 2005, was a comprehensive revision of the laws relating to drunk driving. Its statutory purpose was to better protect the public through stricter penalties, restrictions, and sanctions imposed on persons suspected or convicted of drunk driving. A key part of Melanie’s Law requires those convicted of 2 or more DUI offenses to use an ignition interlock device during the entire length of any hardship license and for 2 years after getting a full reinstatement. This requirement went into effect on January 1, 2006.

Both the Massachusetts Registry of Motor Vehicles and the RMV Board of Appeals enforce this requirement with “zero tolerance.” There is no way to get around the interlock requirement of Melanie’s Law. If you’re legally required to have an ignition interlock device, you cannot get around this requirement. The law has been repeatedly challenged on “ex post facto” and other grounds. Courts have consistently and repeatedly upheld the ignition interlock device requirements of Melanie’s Law. If you have 2 or more DUI convictions or alcohol program assignments on your record, regardless of where or when they occurred, and you are reinstating from a DUI license suspension or coming off of a hardship license after January 1, 2006, you’re ignition interlock required.

In many cases, Mass. DUI defendants were eligible to have their hardship license hours removed on or before January 1, 2006. However, they have not met with a Mass. Registry Hearings Officer and removed the hours. Instead, they drove on restricted licenses even when the DUI suspension was over. The Registry requires these individuals to use the interlock device and the Board of Appeal routinely upholds this requirement. Fighting the interlock requirement in these situations is usually a waste of time and money.

The Boston Globe recently advised its readers to Beware of old Unpaid Parking Tickets. These outstanding parking tickets can cause the Massachusetts Registry of Motor Vehicles to make your Massachusetts Driver’s License as well as your Mass. Motor Vehicle Registration non-renewable. This means that you will not be able to renew your license or registration until you pay the tickets, plus any late fees, and obtain a release from the City or Town where the tickets were issued.

The RMV will also block license and registration renewal for unpaid fast lane tolls and motor vehicle excise tax bills. As with parking tickets, the Registry requires payment in full and a release prior to license renewal. If you have any of these outstanding financial obligations, there is no way to renew your driver’s license or motor vehicle registration without paying what you owe and there are absolutely no exceptions to this rule.

If you are appearing before the Registry of Motor Vehicles or the RMV Board of Appeal, you should obtain a copy of your driving record and see if you owe any money for parking tickets, fast lane violations, traffic citations, or excise tax. If you do, you should pay these outstanding bills and obtain releases prior to your Registry of Motor Vehicles or Board of Appeal hearings. Unpaid obligations may indicate a lack of responsibility and this does not reflect favorably on you as a driver and someone who is seeking a hardship license.

When presenting my driver’s license for identification, I recently discovered that it was expired. Although I was aware that the Registry stopped the expensive process of mailing out license expiration notices, as a necessary cost saving measure, I never thought to check the expiration date of my license.  If I had been stopped by a police officer, I would have been subject to arrest for unlicensed operation, a charge which is considered a major motor vehicle violation for the purposes of 4 year Massachusetts Habitual Traffic Offender License Revocations.  Driving without a license is also a surchargeable event under the Mass. Safe Driver Insurance Plan, meaning that an unlicensed operation conviction can result in a substantial automobile insurance premium increase and it could trigger a 60 day 7 surchargeable event license suspension.

Fortunately, the Mass. RMV has implemented electronic renewal notification. By making smart use of technology, the Registry has saved thousands of dollars by replacing the old paper notification system with electronic notifications. Sign up for these notifications today, so that you remember to renew and do not get caught driving without a valid license. You can sign up for the free License Renewal Reminder Service via the Registry’s website. The Registry will not send out a reminder notice if your driver’s license is suspended or revoked. In those cases, the license suspension or revocation must be cleared prior to renewal. Also, you must pay any outstanding parking tickets, excise tax, or fast lane fines prior to renewal.

This program is an example of the Massachusetts Registry of Motor Vehicles effectively using technology to save money and operate more efficiently. The Registry allows customers to conduct a variety of transactions on-line. In some cases, you can even renew your driver’s license on-line. Using the Registry’s on-line system, you can instantly check your Mass. driver’s license status and download your Massachusetts RMV Driving Record.

Because I needed to take a vision test, I could not renew on-line and I had to go to a Registry Branch. I renewed at the Boston Branch of the RMV in Chinatown, as I was there for hearings anyway.  The renewal process was smooth, painless, and relatively quick.

With the implementation of the new Massachusetts Text Messaging Law, the Legislature has included a provision whereby medical evaluations of Massachusetts drivers can be requested. Under this new law, which effects what the Massachusetts Registry of Motor Vehicles refers to as “Compliant Medical” license suspensions, Mass. police officers and healthcare providers can request that the Registry investigate drivers who may be unable to drive safely, by reason of a medical condition.

“Complaint Medical” reports cannot be based solely on a driver’s age. Instead, the healthcare provider or police officer who files the repot must have an independent reasonable to believe that the Massachusetts driver is physically or medically incapable of safe operation, or that the driver has a "cognitive or functional impairment" affecting safe operation of a vehicle.

The Registry will likely schedule hearings based on these reports and it will require drivers to provide documentary evidence medical or psychiatric clearance. This law is designed to protect public safety by alerting the Registry to drivers who are unable to safely operate a vehicle. Police and healthcare providers are immune from suit for reporting or failing to report drivers under this new law.

Those with Commercial Driver’s Licenses should be aware that a federal grant may increase commercial motor vehicle enforcement in Massachusetts. The Federal Motor Carrier Safety Administration has announced the availability of grant funding which can be used to train police officers to carry out Commercial Motor Vehicle enforcement and other programs to insure that CDL drivers and vehicles comply with Federal U.S. Department of Transportation (DOT) regulations which govern commercial motor vehicles. This grant program is part of a nationwide highway safety effort which is designed to reduce the number of CDL accidents and fatalities on the roadways.

The Massachusetts Registry of Vehicles and the US Department of Transportation currently regulate Commercial Drivers Licenses and they enforce CDL standards for suspensions, denials, and disqualifications. These complex state and federal laws and regulations can have a harsh effect, even when the underlying violation does not involve a commercial motor vehicle (CMV). For example, a First Offense DUI will result in a 1 year CDL License Suspension and a 2nd offense DUI will result in a lifetime CDL suspension / disqualification. It does not matter whether the DUIs occurred in Massachusetts or elsewhere. This is just one example of CDL license penalties.

The Massachusetts Registry of Motor Vehicles is legally required to hold certain motor vehicle and other offenses such as DUI against Massachusetts residents and license holders, even when the violations occur out of state. With a large number of Mass. Residents vacationing  and spending the winters in Florida, DUI offenses and Florida traffic tickets often come back to haunt  Massachusetts residents or license holders.

If a Mass. Resident is convicted of DUI in Florida, the RMV will treat that offense as if it occurred here. This means that a DUI first offender will lose his or her right to drive for one (1) year. However, in some cases, a DUI lawyer may be able to get this one year loss of license reduced.

In Florida, police officers often cite motorists for “careless operation.” I’ve seen this charge used in numerous incidents involving minor car accidents. I’ve heard that Florida police officers must issue a citation where an accident occurs. Many officers cite drivers for “careless operation,” because it is such a low level offense in the State of Florida. These “careless driving” Florida traffic tickets will translate into 60 day automatic license suspensions in Massachusetts.

With the harsh and unforeseen penalties associated with Florida DUI convictions and other Florida traffic violations, it usually makes sense to retain a Florida traffic violation lawyer to fight the charges. Attorney Devon Porcella of Florida has achieved excellent results for those cited for traffic violations and addressed for operating under the influence in the State of Florida. With his help, Massachusetts residents may be able to avoid license suspension and other consequences associated with motor vehicle violations committed in Florida. 

I recently spoke with a client who is trying to hire a lawyer to get a hardship license. The only problem with his case is that he called me after he already went to the Board of Appeal without counsel and lost the appeal. The Board voted to affirm the suspension and it did not give him a re-apply date. This is the worst possible outcome at the RMV Board of Appeals. It means that the Board denied him a hardship license and that it is not interested in affording him another hearing on his hardship license request. When this happens, it is sometimes possible to file a Motion for Reconsideration or a request for a new hearing. However, in most cases, the person trying to obtain a hardship license is left with little recourse.

While it is possible to appeal the Board’s decision to Superior Court, when it comes to hardship licensing, these appeals are next to impossible to win. The law vests the Board of Appeals with wide latitude and discretion in deciding whether or not to grant a hardship license. Therefore, it is critical to have a well-prepared hardship license appeal. Those serious about obtaining hardship relief should appear before the Board with a lawyer who specializes in Registry of Motor Vehicles, Board of Appeal, and hardship license cases. Many general practitioners, and even most criminal defense lawyers, lack familiarity with how the Board operates and what it takes to win a hardship license appeal.

Remember, the time to hire a lawyer for your hardship license case or suspension appeal is before and not after your Registry or Board of Appeal hearing. It is much easier to prepare the case and win the appeal than it is to try to get out from under a denial. Once a hardship license is denied, it may be too late and you may have to serve your license suspension.

Many people believe, falsely, that it is possible to get a hardship license from the Mass. Registry of Motor Vehicles if the Division of Insurance Appeals Board denies them. The Registry will not handle a hardship license appeal once the case has been to the Board. Instead, the Registry of Motor Vehicles will respect the Board’s decision and refer the individual back to the Board of Appeal.

Under the Massachusetts DUI Law, the Registry of Motor Vehicles may issue a hardship license to those who have had their Massachusetts Driver's Licenses revoked for operating under the influence, drug convictions, and being a habitual traffic offender. The Division of Insurance Board of Appeal may also authorize a hardship license for those and other reasons. A hardship license is issued for a 12 hour period, which is established at the hardship license hearing.

The Mass. Registry will revoke a hardship license for any operation outside of hours. This means that if you are caught driving outside of the 12 hour period, not only can you be charged with unlicensed operation, but the Registry will revoke the hardship license and re-suspend your right to drive for the remaining suspension period. When this happens, you will receive a letter from the Mass. Registry of Motor Vehicles which states that your license is suspended or revoked for “SUSPENSION RESUSP.” This simply means that the RMV is re-suspending your right to drive for the remainder of the time to be served.

In addition to having to serve the remainder of the original license suspension, a charge of driving without a license may trigger an additional 4 year loss of license under the Massachusetts Habitual Traffic Offender Law. If this happens, you will have a new revocation on top of the original loss of license. It is highly unlikely that the Registry of Motor Vehicles will afford any hardship relief when someone commits new violations such as unlicensed operation or driving outside of their hardship hours. Therefore, it is imperative to strictly observe your 12 hour limitation and not operate a motor vehicle outside of those hours.