We have 40 years of combined experience and have seen thousands of cases and we can help you with your suspended or revoke license. If the Massachusetts Registry of Motor Vehicles has suspended or revoked your drivera€™s license or right to operate, my office may be able to get you a 12 hour hardship license or full reinstatement of your driving privileges.
As a lawyer who specializes in Massachusetts RMV cases, I routinely handle cases involving 7 surchargeable event suspensions, indefinite immediate threat revocations, immediate threat medical suspensions, 4 year habitual traffic offender revocations, drug related license suspensions, DUI and chemical test refusal suspensions, and fraudulent license revocations, to name a few. My office does not handle indefinite license suspensions for non-payment of taxes, child support, traffic citations, or property damage claims. I have been very successful in resolving a variety of National Driver Register (NDR) suspensions in Massachusetts and NDR suspensions in other states which have originated in Massachusetts. Lately, my office has received numerous hardship license inquiries from people who have had their licenses indefinitely taken away due to Immediate Threat Medical and Complaint Medical revocations. In many cases, as soon as a driver is notified that the Registry of Motor Vehicles has indefinitely revoked his or her right to operate due to an immediate threat medical complaint, the driver asks his or her physician to write a letter to the Registry stating that the person is medically fit to safely operate a motor vehicle. Dealing with immediate threat and complaint medical suspensions can be frustrating and confusing. Hearing Officer will correct off (TRE) any 94C suspensions, trafficking not included.A  The correction (TRE) will automatically eliminate the reinstatement fee associated with the 94C violation. Hearing Officer will direct customers to Green Line if eligible for additional transactions today. On March 30, 2016, Governor Baker signed into law a€?An Act Relative to Motor Vehicle License Suspensiona€? making operators with certain prior drug convictions eligible for immediate license reinstatement. The legislation does not provide for reimbursement, or a refund, of reinstatement fees previously paid on 94C offenses. The legislation requires the RMV to shield from public release any drug offenses, expect for those convicted of trafficking in a controlled substance, as well as any expired warrants or expired child support obligations.
Customers also must address any outstanding financial obligations such as any state or excise taxes, child support payments, parking tickets, or E-ZPass violations. If you are denied reinstatement under this law, you have the right to be represented by a lawyer and to appeal the denial to the Board of Appeal. There is currently a bill pending at the Massachusetts Statehouse which would replace the current hardship licensing program with ignition interlock licenses.
Senator James Timility of Walpole sponsored the bill and it is currently under consideration by the Joint Committee on Transportation. The proposed law has no waiting periods for these licenses so that DUI offenders could apply to MassDOT immediately after conviction.
The basis for the proposed law change is statistics which show that many convicted drunk drivers who have had their drivera€™s licenses suspended or revoked continue to drive anyway. The bill basically terminates drunk driving license suspensions generated by convictions, alcohol education program assignments, pleas, and breath test refusals with the issuance of ignition interlock restricted licenses. If you receive a notice of intent to suspend for thee surchargeable incidents, you can prevent the indefinite license suspension from going into effect if you take and pass an approved Driver Retraining Program within 90 days of issuance of the notice of intent to suspend. Taking the course will not prevent a 60 suspension for 7 surchargeable events or a 4 year Habitual Traffic Offender Revocation.
Once your license is suspended for revoked for surchargeable events, you will be required to pay a $100.00 reinstatement fee.
Most importantly, if you have received a suspension notice, you do have the right to a hearing and you have the right to be represented by an attorney at that hearing.
The Massachusetts Legislature has enacted harsh penalties for those under 18 years of age who are cited for speeding and hardship relief is not available from the Registry of Motor Vehicles.
For example, under Massachusetts law, the holder of a Junior Operatora€™s License who is found responsible for speeding with automatically have his or her drivera€™s license suspended for 90 days for a first speeding offense and 1 year for a second offense. Hearings at the Registry on these license suspensions are limited only to the accuracy of the customera€™s driving record.
For drunk driving offenses committed on or after July 1, 2012, a prior CWOF will count as a conviction when calculating the length of chemical test refusal (CTR) suspensions. Although an admission to sufficient facts and CWOF will count as a conviction for license suspension purposes, it does not constitute a conviction for other purposes. In Massachusetts, most repeat DUI offenders are ordered to attend and successfully complete the Middlesex DUIL Program, which is a 14 day residential alcohol treatment program located in Tewksbury, Massachusetts on the grounds of the old Tewksbury State Hospital. Upon completion of Phase I of the program, you will receive a Discharge Summary and Aftercare Plan, as well as completion letter.A  The discharge summary will rate your level of participation, attitude, motivation level, and risk of recidivism.
The Phase I Discharge Summary and Aftercare Plan will discuss your a€?stage of changea€? and make recommendations regarding AA and other self-help meeting attendance.
Because everyone initially gets a a€?high risk of recidivism,a€? you should not be discouraged by this and you should work hard to earn a low risk of recidivism on the final discharge summary. Just because the Registry of Motor Vehicles has denied you a hardship license, that doesna€™t mean that you cannot get one. The Board of Appeal hearing process is much more formal and involved, as compared to appearing before a Registry Hearings Officer at a walk in hearing. The hearing process is somewhat a€?adversarial,a€? meaning that a representative from the Suspension Department of the Mass. After the Registry completes its presentation of the case, you and your lawyer will have an opportunity to submit any documents which you want the Board to consider and you can make legal and factual arguments to support your appeal.
If the Registry has denied you a hardship license or refused to reinstate your license, I invite you to contact my office for a free consultation and review of your case.
In out of state suspension cases, the first step to restoring your Massachusetts Drivera€™s License is to reinstate your driving privileges in the state where the violation occurred.
Many drivers who have lost their right to drive in Massachusetts due to an out of state DUI or other violation call my office looking for a way to have MassDOT override an indefinite NDR revocation. Once your rights are restored in the state where the conviction entered or the disqualification occurred, that does not mean that your troubles are over. If the Registry of Motor Vehicles had denied you a hardship license, refused to reinstate your full license, or suspended your driving privileges in Massachusetts, you have the legal right to appeal the adverse action to the Registrya€™s Board of Appeal. The Registrya€™s Driver Control Unit is located at the Boston RMV Branch, 36 Blackstone Street.
Chuck Bartowski, the nerd turned spy due to the power of the Intersect from Chuck, vs Michael Weston, the spy who was burned and forced to stay in Miami from Burn Notice.WHO, IS, DEADLIEST!? There are several reasons that you may have been charged with driving on a suspended license.
RMV matters and I serve as a resource for other lawyers who are looking for information regarding Massachusetts drivers license suspensions, revocations, and reinstatements as well as hardship licensing appeals.


It is important to realize that I may be able to get you a hardship license, or even a full reinstatement, even if the RMV has denied you. These suspensions can be cleared by paying the outstanding financial obligations and no hardship licenses are issued for these suspensions, either from the Board of Appeal or the Registry of Motor Vehicles. Hiring a lawyer can simplify the process and increase your chances of getting your Massachusetts Drivera€™s License fully reinstated. The legislation requires shielding of all drug offenses (except trafficking), all expired warrants and all expired child support obligations.
The law allows for the immediate license reinstatement for operators with certain prior drug convictions.
Customers seeking reinstatement will be required to pay permit and road test fees, if the customer has been suspended for more than two-years. The legislation provides the RMV with 6 months to complete this technical phase of the project. A hearing on the proposed legislation was conducted in November of last year and it has received some media attention.
The proposed legislation also allows for the issuance of IID restricted licenses during chemical test refusal suspensions. The theory behind the bill is that the public will be protected because these drivers will be able to lawfully drive, so long as they are only operating ignition interlock device equipped motor vehicles. Unlike Massachusetts hardship licenses, which are valid only for 12 hours each day, these restricted drivera€™s licenses would be valid for 24 hours a day. Depending on your driving record, you may be able to avoid the loss of your license or right to drive. If you are facing one of these, you should contact a lawyer for a free consultation and review of your situation. The Registry holds hearings on a walk-in basis at Customer Service Centers located in Braintree, Lawrence, Springfield, Worcester and 136 Blackstone Street, Boston, 3rd floor.
Massachusetts has adopted a graduated license system, pursuant to which a licensed operators under the age of 18 are deemed a€?junior operators.a€? Holders of this type of license face harsh penalties for speeding violations, unauthorized passengers, and driving during restricted hours.
Unless the Board of Appeal rules otherwise, to reinstate you must complete the a€?Attitude Retraining Program,a€? pay a $500.00 Drivera€™s License Reinstatement Fee, and re-take both written and road tests.
All other issues must be appealed to the Division of Insurance, Board of Appeal, which has the legal authority to afford relief in the form of elimination of the reinstatement requirements, shortening the suspension, or granting a 12 hour hardship drivera€™s license. For example, Leaving the Scene of a Motor Vehicle Accident after causing Personal Injury, 3rd, 4th, 5th, and subsequent offense OUI, some 2nd offense OUI cases (where the 1st offense disposition is less than 10 year from the 1st offense), Motor Vehicle Homicide, and OUI causing Serious Bodily Injury.
This means that if you refuse to submit to a breathalyzer after having been previously arrested for DUI, your license will be suspended for 3 years for the refusal, if the prior case was resolved by a guilty finding, 24D disposition, or CWOF, even if the first offense was eventually dismissed after a alcohol education program assignment.
For example, it will not automatically disqualify you from being issued a License to Carry Firearms in Massachusetts and it is not considered a DWI conviction for employment purposes. Everyone gets a a€?higha€? risk of recidivism after completion of Phase I and both the Registry and Board of Appeal understand this.
The initial DUIL Discharge Reports usually state as follows a€?Patient would benefit from continued addiction education and treatment, individual and or group counseling, and obtainment of a self-help support system. You can do this by fully participating in group and individual therapy sessions and by showing genuine insight into your alcohol issue and what caused your situation. You have the legal right to appeal any license denial, suspension, or revocation to a 3 member appellate board known as the Board of Appeal. Registry will attempt to convince the Board of Appeal that you should not be granted a hardship license or a reinstatement of your full license. After speaking with a lawyer, you will know exactly where you stand and what can be done to get you back on the road. Your right to operate must be restored in the other state prior to attempting to get your license back here in Massachusetts because it is impossible to get a hardship, work, or limited license in Massachusetts while your right to drive is suspended elsewhere.
This is a 3 member quasi-judicial board which has broad powers to review and reverse any decision of the Registrar. You have the right to be represented by counsel at any Registry or Board of Appeal hearing and having a lawyer often makes the difference between winning or losing. Knowing your rights and speaking to a qualified suspended traffic license attorney is the best thing that you can do. RMV and the Board of Appeal of the Massachusetts Division of Insurance for many years and I have been able to achieve excellent results for my clients. The rationale for denying hardship relief on immediate threat and medical suspensions is that if a particular driver represents a danger or threat to public safety, he or she should not be driving at all.
The Registry has specific forms that address medical problems, psychological and mental health issues, vision, and loss of consciousness.
The first step in these situations is to obtain a copy of the report which was filed with the Registry. Since the late 1980s, the law called for the RMV to impose an automatic license suspension for convictions under Mass General Law Chapter 94C.
As a matter of public safety, and accordance with existing Registry policy, all operators who have been suspended for more than two-years or have had an expired licenses for more than four-years, are required to take the written permit test at a branch location as well as a road test. Currently, repeat offenders who refused A breath tests are not able to get hardship licenses while the breathalyzer refusal suspension is in effect.
The IIDA  would prevent the persona€™s vehicle from starting if his blood alcohol level registered at or above .02. It basically replaces hardship licenses with interlock licenses and allows offenders to apply for these licenses immediately, with no waiting period.
Currently, all repeat OUI offenders must use the IID for the entire term of any hardship license and for a minimum of 2 full years after getting the hours removed and obtaining a fulltime right to operate.
It is sometimes possible to completely avoid these license losses, shorten their duration, or get a limited hardship license which allows you to legally operate for 12 hours a day. If you have questions regarding a license loss, you can contact the Suspension Department of the Mass. You must also attend and successfully complete the State Courts Against Road Rage (SCARR) program.
The Board members generally agree with the Registrya€™s position that young drivers should learn early on about the consequences of bad driving, so that they will be responsible drivers.
278 A§ 18, you may be able to avoid a DUI conviction by making an admission to sufficient facts instead of pleading guilty. In order to get a continuance without a finding for DUI, the case must be resolved pursuant to G.L.


90 A§ 24D disposition, the Registry of Motor Vehicles will not honor the 45-90 day loss of license imposed by the court.
The first phase is the in-patient phase and the second phase consists of out-patient aftercare. The goal is to get a low risk of recidivism when you are evaluated after completing Phase II, which is the aftercare component of the DUIL program. His prognosis should improve provided he remains sober and attends self-help meetings regularly. You have the right to be represented by legal counsel and hiring the right lawyer often makes the difference between winning and losing. The Registrya€™s representative will present your driving and criminal records to the Board.
Massachusetts is required to give full faith and credit to out of state suspensions and revocations, just as other states are required to respect license actions taken by the Mass. Registry discovers an out of state, or even an out of country, conviction for a motor vehicle law violation, the RMV will apply that to your driving record and once that happens, a new license suspension will automatically be generated. Therefore, the only way to regain your right to drive is to obtain a full license reinstatement. Instead of writing a generic letter, the drivera€™s treating physician, psychiatrist, optometrist, or psychiatric nurse practitioner should complete the appropriate forms.
In most cases, these reports are filed by police officers who witness dangerous driving, accidents, or other incidents which give rise to a safety concern. In addition, the RMV is preparing to mail individualized letters to certain impacted customers on their specific reinstatement steps and requirements. The new legislation eliminates suspensions for all drug offenses except for trafficking in a controlled substance (except for Marijuana Trafficking). License duplicate or license renewal fees also apply to all customers seeking reinstatement.
Any driving record ordered prior to October 2016 will contain drug offenses and both historical and current warrant and child support obligation information.
The proposed law would, if passed, would allow someone who is arrested for DUI to seek a drivera€™s license while the DUI case is being litigated.
Offenders would have a choice – agree to enroll in the IID program or give up the right to drive. 175 A§ 113B authorizes the RMV to indefinitely suspend your license and right to drive in the Commonwealth of Massachusetts. Also, JOL holders may have difficulty establishing that they have a hardship which is sufficient enough to obtain relief from the Registrya€™s Appellate Board.
If you are able to resolve your operating under the influence case in this manner, your case will be continued without a finding and eventually dismissed.
Instead, the RMV will suspend your license based on your record of prior convictions, such as 2 years for a 2nd offense and 8 years for a 3rd offense. The DUlL Program is a 14-day residential program for individuals who are referred by their probation officer for intensive alcohol and drug education and treatment. The recommendations above could help reduce his risk of recidivism if implemented and maintained. RMV to issue you a hardship license even if you do not satisfy all of the Registrya€™s requirements for licensure. When this happens, I may be able to help you reduce or eliminate the loss of license, depending on the particular situation. Additionally, the medical professional should only complete the forms after he or she has carefully read the immediate threat complaint. Although these indefinite license suspensions are not supposed to be punitive, getting them resolved can often be difficult and time consuming. A All persons who believe they are eligible for relief under this new law should update their address with the RMV immediately.
In order to serve the customers who may now be eligible for reinstatement, the RMV intends to mail letters to provide certain impacted individuals with personalized actions steps toward license reinstatement. These devices cost approximately $100.00 per month and they must be monitored, calibrated, and downloaded on a monthly basis. The suspension will remain in place until you successfully complete the National Safety Council (NSC) driver re-training program.
Individuals attending the program receive a comprehensive substance abuse evaluation, individual and group counseling, alcohol and drug education, and self-help meetings. Therefore, you must have the state where the problem originated remove the NDR block prior to trying to get your license back in your home state. A letter written or form completed by a treatment provider who is unfamiliar with the facts and circumstances alleged in the complaint will carry little to no weight at a reinstatement hearing. The Registry errs on the side of caution and hearings officers are largely unsympathetic regarding the difficulties associated with the unexpected loss of a drivera€™s license.
If you are required to complete the class to avoid the loss of your license, within 10 days of receipt of the Registrya€™s suspension notice, the NSC will send a registration packet to the mailing address which is on file with the Registry. The Registry will not grant hardship driving permits under any circumstances unless the applicant is eligible in the NDR and there is no way around this. An individual with any active, non-drug related suspensions may not be eligible for reinstatement.
If you have multiple surchargeable event suspensions, the Registry may require you to take the class several times.
In order to be reinstated, customers must visit an RMV Branch offering suspension hearings and meet with a hearings officer.
This is because the law treats drug or alcohol program assignments and admissions to sufficient facts just like convictions for license suspension and automobile insurance surcharge purposes. Hearings are held on a walk-in, first come serve basis in the following locations, please note that service hours vary by location.



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