by Brian E. Simoneau, Esq.
28. February 2010 08:09
The Mass. RMV imposes an automatic and mandatory license suspensions for Massachusetts Junior Operators who have been found responsible for speeding. A first offense will result in a 90 day loss of license and a second offense will result in a mandatory one year loss of license. Also, junior operators who are caught speeding will have to pay a $500.00 reinstatement fee, take a written test, apply for a learner’s permit, and take a road test again. Furthermore, anyone who has his or her JOL suspended for speeding must take the NSC Alive at 25 course and the State Courts Against Road Rage (SCARR) program. JOL Penalties are stiff and the only way to get any type of hardship license is to appear before the Board of Appeal.
However, the Board of Appeal is generally reluctant to issue hardship licenses in JOL speeding cases. In order to succeed, the Junior Operator must convince the Board that he or she is not a danger to public safety and that he or she has an extreme hardship which requires a driver’s license. I have successfully restored the rights of junior operators at the Board of Appeal.
The good news is that there is a way around the JOL suspensions. The Registry does not take action unless and until a responsible finding enters. This can be avoided by appealing the citation to the clerk-Magistrate instead of paying the citation. If you lose at the clerk-magistrate appeal to the judge. If you lose in front of the judge, consider appealing to the Appellate Division of the District Court.
Why so many appeals? It makes sense to appeal because the mandatory license suspension provision of the Mass. JOL suspension law only apply to holders of Massachusetts Junior Operator’s Licenses. The law states that “a holder of a junior operator's license who is convicted” of speeding will have his license suspended. Once you turn 18 years old, you are no longer “a holder of a junior operator’s license” and you cannot therefore be suspended for speeding on a JOL.
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