RMV SUSPENSIONS AND HEARINGS
What is RMV?
The Registry of Motor Vehicles provides driver license, vehicle title, and registration information as well as forms and contact information. It has the authority, in accordance with the MGL (Massachusetts General laws) and CMR (Code of Massachusetts Regulations) to suspend or revoke licenses and permits to operate motor vehicles. It can also do the same for registrations thereby prohibiting a convicted individual from operating a vehicle attached to a suspended registration.
Suspensions
Suspensions basically terminate the rights and privilege of an individual to operate vehicles. It is coterminous with the term “revocation” pertaining to licenses.
Contrary to expected, suspensions are imposed not only for violations involving motor vehicles but also for other cases. These suspensions stain on an operator’s driving record which later may bring unpleasant consequences. The duration of suspension varies depending on statutory requirements on the violations. Some serious offenses too may necessitate lifetime suspension, that is perpetual revocation of license or permit.
The Massachusetts General Law implements suspensions for the following offenses depending on the gravity and frequency of offense:
1. Accidents involving Death/Fatalities
2. Operating under the Influence
3. Operating Under Suspension
4. Leaving the Scene of an Accident
5. Operating to Endanger (Reckless/Negligent Operation)
6. Drag Racing
Other offenses and their corresponding suspensions are as follows (take from the Massachusetts Registry of Motor Vehicles):
| OFFENSE TYPE |
FIRST OFFENSE |
SECOND OFFENSE |
THIRD OFFENSE |
| Operating an Uninsured Motor Vehicle |
60 days |
One year for any second conviction or plea of guilty within a six-year period |
One year for any subsequent conviction or plea of guilty within a six-year period |
| Employing an Individual with a Suspended License as a Motor Vehicle Operator |
30 days |
90 days |
One year |
| Tagging & Vandalism |
One year |
One year |
One year |
| Theft or Concealment of a Motor Vehicle |
One year |
Five years |
Five years |
| Malicious Damage to a Motor Vehicle |
One year |
Five years |
Five years |
| Allowing an Unlicensed Operator to Operate a Motor Vehicle |
30 days |
90 days |
One year |
| Handicap Plate/Placard Violations |
30 days |
90 days |
One year |
| Allowing an Ignition Interlock Device Restricted Driver to Operate a Motor Vehicle |
Up to one year |
Up to one year |
Up to one year |
| Drag Racing* |
30 days |
Six months |
Six months |
| Operating a Motor Vehicle on a Bet or Wager |
60 days |
One year for any second conviction or plea of guilty within a three-year period |
One year for any second conviction or plea of guilty within a three-year period |
| Operating a Motor Vehicle Without Authority |
One year |
Three years |
Three years |
| Having a False License or a False License Application, or Stealing or Forging RMV documents |
One year |
One year |
One year |
Suspensions for Refusing a Chemical Test
Drivers suspected of operating under the influences of alcohol and prohibited drugs, as well as prescription drugs which may impair the driver from driving properly are to be subjected to a chemical test. In the event that the said driver refuses to undergo a chemical test, the following suspensions are implemented:
| AGE OF DRIVER |
NUMBER OF PRIOR OUIs |
SUSPENSION PERIOD |
| 21 years old and above |
None |
180 days |
| One |
3 years |
| Two |
5 years |
| Three or more |
Lifetime |
| 21 years old and below |
None |
3 years |
| One |
3 years |
| Two |
5 years |
| Three or more |
Lifetime |
| All ages |
Prior OUI Serious Bodily Injury |
10 years |
| Prior Vehicular Homicide |
Lifetime |
Other offenses subject to suspensions
| TYPE |
FIRST OFFENSE |
SECOND OFFENSE |
| Commercial Driver’s License Suspension |
1 year |
Lifetime |
| Railroad-Highway Grade Crossing |
60 days |
120 days
1 year (subsequent) |
| Violating Out-Of-Service Orders |
90 days -1 year |
1-5 years
3-5 years (subsequent) |
Non-vehicle related offenses
| OFFENSE TYPE |
SUSPENSION |
| Drug Conviction-related Suspensions |
1-5 years depending on the nature of the conviction |
| Out-of-State suspensions and revocations |
Indefinite suspension imposed on a Massachusetts driver's license until the right to operate has been restored in the other state/ jurisdiction. |
| Non-payment of Child Support |
Suspension until payment of child support |
| Non-payment of State Taxes |
Suspension until payment of State Taxes |
| Failure to Register as a Sex Offender |
Suspension until payment compliance of the Law |
| Property Damage Claims |
Suspension until deposit of the amount of judgment and payment of $100 reinstatement fee |
| Bad Payments of Registry |
$15.00 fee plus $100.00 reinstatement fee and $100.00 reinstatement of registration fee |
Furthermore, individuals with Criminal Warrants and Criminal Citation Defaults are also subject to license suspensions in various terms.
Hearings
The Massachusetts Registry of Motor Vehicles has scheduled a hearing to address grievances as well as appeals made by vehicle operators. As the RMV Website suggests, one should prepare all the necessary documents since the Hearings work on a walk-in, first come first served basis system. Thus, bringing in a competent lawyer with credible experience as well as coming prepared and early and familiarizing oneself with the flow of the hearing process is essential for the success of any transaction.
What to do?
There are many instances a driver may be suspended from driving. Contrary to expected, it goes way beyond just simple traffic violations. It may also include offenses or records of an individual driver that may not necessarily have to do with driving. It is imperative that an individual to be subjected to suspension should hire an experienced lawyer from our firm so as to help them get through the tunnel of distress over the excessive penalties as well as curtailment of the rights and privileges to using the road.