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An out of state DWI, as well as out of state arrests, suspensions, and motor vehicle law violations can result in a suspension or revocation of your Massachusetts Driver's License or right to operate. There are several reasons why an out of state license suspension or out of state violation may result in a Massachusetts License Suspension. The National Driver Registry or NDR is one source of potential problems for Massachusetts Drivers. The National Driver Register (NDR) is a computerized database of out of state DWI and other information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as DUI. State motor vehicle agencies provide NDR with the names of individuals who have lost their privilege or who have been convicted of a serious traffic violation. When a person applies for a driver's license the state checks to see if the name is on the NDR file. If a person has been reported to the NDR as a problem driver, the license may be denied or suspended. This system can make Out of State License Suspensions and out of state DUI cases frustrating and difficult for the Massachusetts resident.
Another potential source of problems is Massachusetts law. For example. G.L. c. 90 § 22(c) provides as follows:
If the registrar receives official notice, in any form which the registrar deems appropriate, including electronic transmissions, that a resident of the commonwealth or any person licensed to operate a motor vehicle under the provisions of this chapter has been convicted in another state, country or jurisdiction of a motor vehicle violation, the registrar shall give the same effect to said conviction for the purposes of suspension, revocation, limitation or reinstatement of the right to operate a motor vehicle, as if said violation had occurred in the commonwealth.
As used in this section “motor vehicle violation” shall mean a violation of law, regulation, by-law, or ordinance, except a violation related to parking, the nature of which would have been reported to the registrar pursuant to chapters eighty-nine, ninety, ninety C, or one hundred and seventy-five, if said violation had occurred in the commonwealth.
If the registrar receives official notice, in any form which the registrar deems appropriate, including electronic transmissions, that a resident of the commonwealth, or any person licensed to operate a motor vehicle under the provisions of chapter ninety, or any applicant therefore has had a license or right to operate suspended or revoked in another state, country or jurisdiction, the registrar shall not issue a license to said person, and if a license has already been issued the registrar shall immediately revoke said license, without a prior hearing. However, if said license or right to operate is subsequently reinstated by such other state, country or jurisdiction, the person may apply to the registrar for reinstatement of said license in the commonwealth.
This law requires the RMV to treat an out of state violation "as if said violation had occurred in the Commonwealth." The law also requires the RMV to suspend your Massachusetts license if your right to drive is suspended or revoked anywhere else.
If your Massachusetts license is revoked due to a suspension or revocation in another state, you must be reinstated in that state before you can resolve any revocation in Massachusetts.
Once you have resolved the suspension or revocation in the other state, you can resolve your NDR Suspension / Revocation in Massachusetts.
You can clear your Massachusetts NDR suspension by bringing the following documents to any full service Mass. RMV Branch:
A reinstatement & clearance letter from the state of suspension (not more than 30 days old);
A current driving record from the state of suspension (not more than 30 days old);
If your license was suspended or revoked because of and out of state DWI (also known as DUI, OUI, or "drunk driving") or Vehicular Homicide, you will be required to provide the Mass. RMV with court abstracts from the case. The court abstract should show the charges and the outcome or disposition of the out of state DWI case.
Your clearance letter and driving records may not be more than 30 days old.
If you have any questions or need more information about your Massachusetts suspension or revocation, you may call the Suspensions Department of the Massachusetts RMV at (617) 351-7200 or you may contact a Mass. License Suspension Lawyer.
In cases involving out of state OUI offenses, once you provide the Massachusetts RMV with the necessary information, the out of state suspension will be cleared from your Massachusetts License and the Registry will suspend your Massachusetts Driver's License for 1 year for your first offense OUI, 2 years for your second offense OUI, 8 years for your third offense, 10 years for your fourth offense, and lifetime for your fifth offense. For 1st and 2nd Offense Out of State OUI, a Registry Attorney may be able to dramatically shorten the length of the suspension and/or get you a hardship license. Contact us to discuss this option.
Dealing with out of state issues can be extremely frustrating and confusing. However, License Suspension Lawyers deal with these issues everyday. Also, if you currently reside out of state and the Massachusetts Registry is causing a problem with your license status in your home state, License Suspension Lawyers may be able to help you. In many cases, we have been successful in restoring our clients' right to operate without the client having to appear in Massachusetts for a hearing. Contact an attorney today regarding your out of state issue. |
