Old Out of State OUI Causes Massachusetts Suspension

This story shows how an old out of state OUI conviction can catch up with you in Massachusetts and cause the Registry to suspend your driver’s license.

I went down to the RMV in Revere, MA to add on a Hazmat endorsement on 12/11/13 and they told me I had citation pending in Georgia and I couldn’t get it until I had that cleared up. I called Turner County and the Judge their sent me a stamped letter with the seal saying this matter was cleared up. Then she called Atlanta DMV and told them to clear it out of the computer so everything will be all set. Atlanta called me on 12/13/13 and told me the matter was taken care of. I went in on 12/18 to take the test for my hazmat endorsement. I asked the clerk if we were good she said yes. I took the test but I didn’t pass. I figured I would study harder and come back another time and take it. Fast forward to 1/30/14. I went to Saugus square one mall to get an EZPass cause I plan on taking a trip to see my Dad in Atlanta. The lady at the EZpass place tells me my license has been revoked. What!!! I say of course. She says yep and of course she doesn’t know why. I go downtown this time to the DMV and I go and see a guy named Richard. He tells me that when I was in Revere they was supposed to tell me to go and see him from the get go and I now have to call Georgia DMV and get them to fax him a letter stating the date everything was cleared before 1/11/14. Which I already presented a letter stating this situation was cleared up. And he also says that his computer screen is telling him to tell me that I have to present him a letter from Alabama OUI i got in 8/1994 so he can put that back into the system which I received that OUI when I had a regular license not a CDL. He told me I had to call Alabama and get the court disposition with offense date, judgment date, charge, and finding or I had to get a complete driving record from Alabama showing OUI offense. My last driving record I received from Mass DMV said nothing and was clean no charges or offenses on it at all and I got that back in August of 2013. I’m just wondering why he is making me go through all this stuff when I did what they asked me to do so why in the hell did they not tell me all this the first time it seems a little shady to me. So I just wanted to know is there any way possible you could help me with my situation, because right now my license is suspended and I feel like it wouldn’t have if the Registry came through with the truth.

The Registry is requiring the driver to produce “proof of findings” regarding the out of state OUI offense in Alabama and the RMV hearings officer will not clear the NDR suspension until the driver produces the records from Alabama showing the OUI. The Registry will add that OUI onto his Massachusetts Driving Record. If he was on a Mass. License at the time of the offense or if he was a Mass. resident, once this is added to his record, he will have a 1 year OUI suspension and a 1 year suspension of his commercial driver’s license. A Registry Lawyer may be able to get the suspensions reduced or eliminated by appealing them.

 

The National Driver Register

Whenever you apply for a Massachusetts Driver’s License, learner’s permit, hardship license or renewal, the Registry will check the Problem Driver Pointer System (PDPS) to see if there is a matching record. The RMV may also check the database at other times, such as if you apply for a duplicate license or if you are appearing before the Board of Appeal for a hearing. The PDPS connects the Registry of Motor Vehicles to the National Driver Register (NDR), which is a computerized nationwide database of drivers who have lost their privileges due to operating under the influence, license fraud, being a habitual traffic offender, or some other similar suspension reason. All Registry Hearings Officers can perform National Driver Register Inquiry Checks on customers who appear before them.

The NDR system only pertains to passenger car licenses. There is a separate system known as the Commercial Driver Licensing Information System (CDLIS) which contains suspension, revocation, and denial information for CDL holders.

If a match is found between your name and date of birth and a record in the National Driver Register, the Registry will deny your license or learner’s permit application. If you already have a Massachusetts Driver’s License, the RMV will indefinitely suspend or revoke it until you meet certain reinstatement requirements. The Registry considers a match to have occurred when the first 4 letters in the last name, the first 3 letters in the first name, and the first letter in the middle name, as well as the date of birth, match with the information contained in the Registry’s computer.

When an NDR match is found, information is electronically obtained from the state where the suspension originated and the Mass. RMV will send out a suspension letter, advising the customer of the indefinite loss of his or her license in Massachusetts.

You can clear NDR suspensions by providing a recent driving record and clearance letter issued from the motor vehicle department which has you blocked in the NDR. In some cases, particularly those involving DUI convictions, the Registry will require you to provide court records showing the charges, outcome, offense date, and conviction date. Any records provided to the RMV to clear an out of state suspension cannot be more than 30 days old.

Clearing NDR suspensions can be frustrating and lead to other problems, because the Registry will treat out of state offenses as if they had occurred in Massachusetts. Therefore, an out of state conviction can result in the suspension of your Mass. license and other consequences such as an insurance premium increase. An out of sate infraction may be treated as a surchargeable event in Massachusetts and an out of state DUI conviction will count against you just as if it was a Massachusetts operating under the influence conviction.

If you need help clearing a National Driver Register Suspension, please call for a free consultation and review of your situation. After speaking with a lawyer, you will know exactly where you stand and what an attorney may be able to do to help.

Breathalyzer Refusal & Hardship Licensing Q&A

Question:

Hello – I received my 2nd OUI in March of 2013 and the case was settled in July of 2013. I blew into the Breathalyzer the first time but not the second. I am interested to find out if I can do anything to help me get back my license before the 5 years the registry says.

Answer:

You cannot be considered for a 12 hour hardship license, or any license for that matter, unless and until you serve the 3 year chemical test refusal suspension. The only exception to this rule is if you were granted a second chance first offender disposition, which you were not. These are only granted when the 1st offense is more than 10 years old.

Thanks for getting back to me.  What you say below is exactly what the paper I have says.  While at the DUIL program one thing that was clear was that different registry’s have different rules.  A few people mentioned some sort of loophole that might allow you to be considered earlier since I took the breathalyzer on the first and not the second.  Specifically, they said to wait one and a half years before applying for the hardship?  Also, I talked to a hearing officer at the Boston registry in September and gave him the paper showing the 3 year chemical test suspension and asked what I could do and when I could apply for a temporary license.  He said wait one year, complete DUIL and the 24D aftercare then come apply.  Obviosuly I am trying to tilt things in my favor but I would also like to get an accurate estimate of when I might expect the license back because it effects so many thing (job, my kids, where we live,ect…).  In your experience is there anything we might do

There’s absolutely no way to get a hardship license in this situation while the 3 year chemical test refusal suspension is running. The Registry will not consider you for hardship relief and neither will the Board of Appeal.

The Board of Appeal states as follows: “All Breathalyzer/Chemical Test Refusal (CTR) revocations must be appealed through the court system (District Court) or addressed directly to the RMV. The Board does not have jurisdiction to hear CTR appeals”

The Mass. Ignition Interlock Device Law

The IID requirement in of Melanie’s Law, G. L. c. 90, § 24 ½, requires a driver whose license was suspended due to a program assignment or an OUI conviction to install an ignition interlock device (IID) if his driving history included a prior assignment or conviction at the time he applied to the Registry for reinstatement of his driver’s license.

When someone who has had his driver’s license suspended for an OUI conviction, or an assignment to an alcohol education program, applies to the Mass. RMV for a new license or to have his Massachusetts license or right to operate restored, and he has had a previous OUI conviction or alcohol program assignment, the new or restored license may only be issued upon the condition that the driver have an ignition interlock device  installed on every motor vehicle he owns, operates or leases for at least a 2 year period. This requirement, contained in amendments to the Massachusetts OUI law, and enacted as part of Melanie’s Law, was made effective on January 1, 2006.

As long as the event triggering the imposition of the IID requirement, that is, the application for a new or reinstated license, takes place after January 1, 2006, then Melanie’s Law applies prospectively and can permissibly take into account events occurring prior to its effective date, i.e., the previous drunk driving license suspensions,  DUI convictions,  and alcohol program assignments.

The Massachusetts IID requirement applies where a person is eligible to have his or her license reinstated prior to the effective date of Melanie’s Law but he or she did not apply for reinstatement until after Melanie’s Law goes into effect. The Massachusetts ignition interlock device requirement was determined to not be retroactive where the application for reinstatement of the license triggered IID requirement and application was made after statute went into effect.

You should contact a lawyer if you have questions regarding whether the ignition interlock device requirement applies to you, or if you have been accused of an ignition interlock device violation, which can trigger a 10 year or lifetime license revocation in Massachusetts.

RMV Requires Payment of Reinstatement Fees

Question:

Hello my name is Stephen. I am 29 Yrs old. I just came across a site and found your contact information. I will start by saying my Mass. Learner’s Permit was suspended in 2005. I received a $500.00 fine for an open container of alcohol violation, the container not being mine. I wasn’t even drinking. That being said, after 8 years I finally got the money to pay the fine of $540. After paying it here in town I was sent to Springfield ma to see a Registry of Motor Vehicle’s hearing’s officer. The hearing officer had stated I had a few convictions at $500 each, But I would only have to pay $500 to reinstate and this was right after paying $540. I had my permit when I first got the open container in 2005, but unsure if I had it with the other convictions. At one point back around the date of 2005. The Judge was wanting me to obtain my license. I do believe it was a condition at one point. I just feel that there should be something I can do about this. 8 years just to come up with $540. I am not working at the moment. Recently dealing with some medical issues involving a cancerous tumor within this yr. My Girlfriends mother recently had a stroke and MA law states she cannot operate a vehicle for at least 6 months. Everything about these convictions were 8+ years ago. I haven’t even had a drink in the last 3. My License is very important right now and am seeking ways around this if there is any. Whether it is court or something financial. On top of medical issues I do not have a stable place to live. Anyways I hope this was not too much.

Answer:

Unfortunately, you cannot get your license reinstated in Massachusetts or a Mass. hardship license unless and until you pay all of the required reinstatement fees and outstanding obligations such as unpaid traffic tickets.

Lifetime Revocation with No Hardship License

Here’s one man’s plight:

In May of 2005, I was charged with and pleaded out to 3rd offense O.U.I. This was later upgraded to a 4th offense after closer examination several mouths later. My sentence was also increased to a 2 & 1/2 year 2 mandatory from straight 2 year sentence. Shortly after my release I received a letter in the mail from the RMV. The letter stated that I could be considered for a reinstatement of my license upon installation of an interlock Breathalyzer gadget with the stipulation of monthly recalibration at $90 per month. About 4 months or so after completing the interlock program and subsequent removal of the ignition interlock device, I received a letter that my license would be revoked from between 10 years to lifetime. This was due to 2 new laws passed some time months and years after both my arrest & conviction. I went to motor vehicle court of appeals and was told I had a lifetime revocation but could appeal in a couple of years for a hardship license. It is important to point out here that I have since become disabled due to a roofing accident & fall which left one vertebrae with multiple fractures and spinal cord damage. As well as a crushed foot & ankle. In order to do part time work in my field of carpentry I would need to use my car to transport tools and equipment. I am barely surviving on a $1,075 disability check. My rent for a small studio apartment is $650.00.

The unfortunate result:

Unfortunately for this repeat offender, there is no way that he will obtain a hardship license. He has a lifetime revocation with no possibility for hardship relief. When he committed his most recent operating under the influence offense, in May of 2005, lifetime lookback was in place, even though Melanie’s Law did not go into effect until October 28, 2005. The Commonwealth of Massachusetts had implemented lifetime look-back for DUI convictions several years earlier. Thus, 3 DUI convictions results in an 8 year revocation, 4 DUI convictions will result in a 10 year license loss, and 5 or more drunk driving convictions will automatically trigger a permanent lifetime license revocation.

Here, the Registry was unaware of some DUI convictions and this driver was allowed to reinstate his driver’s license with an ignition interlock device, because he was treated as a second offender. Once the Registry found multiple other OUI convictions, the Registry added them to his Registry record and how he’s revoked for life with no possibility of obtaining a hardship license, no matter how badly he needs one.

Converting Criminal Offenses to Civil Infractions

Under a little known law, G.L. c. 277, § 70C, a criminal automobile law violation such as operating after suspension or revocation can be handled as a civil instead of criminal violation. This may seem like a very attractive option, as it avoids giving the defendant a “criminal conviction.” However, it should be noted that for Registry of Motor Vehicles purposes, a criminal offense which is treated as a civil infraction in court is still regarded as “responsible” finding in accordance with the laws governing licenses suspensions and revocations. This means that the Registry and license suspension consequences will be the same. The “responsible” finding will be treated as a conviction and it will trigger an automatic license revocation. Also, the responsible finding will could as a “surchargeable event” for the purposes of insurance premium calculation and for the Mass. Habitual traffic offender law.

For the above-mentioned reasons, defense lawyers should think twice before agreeing to a plea bargain whereby a criminal offense such as operating after revocation or suspension will be disposed of as a civil violation. For RMV purposes, the outcome will be exactly the same: the client will lose his or her license.

A better outcome, which would avoid an automatic license suspension would be to have the case continued without a finding (CWOF’ed). Under this scenario, the defendant will make an admission to sufficient facts and the case will be continued without any finding of guilty for a pre-determined period of time. So long as the defendant doesn’t violate the terms of the continuance, the case will be dismissed and no license suspension will be triggered.

Certain offenses are ineligible for conversion to civil offenses and decriminalization. These include any type of operating under the influence in violation of G.L. c. 90 § 24, Juvenile Delinquency offenses, Leaving the Scene of an accident, drag racing, vehicular homicide, and various other criminal offenses which are exempt from conversion and decriminalization by statute.

It bears repeating that the Registry is legally entitled to treat any civil “responsible” disposition for a criminal offense which was converted as a guilty finding and conviction for the purposes of imposing statutory license suspensions and revocations. Therefore, a defendant facing a mandatory license suspension may be better off with a CWOF and, eventually, a dismissal pursuant to G.L. c. 278 § 18 instead of a responsible finding which will result in the loss of his or her license; this can be a very unpleasant surprise.

Massachusetts Driver’s License Suspensions

The Registry of Motor Vehicles will suspend your driver’s license or right to operate in Massachusetts for various reasons which have absolutely nothing to do with driving. For example, the crime of “tagging” carries an automatic 1 year license suspension upon conviction. Also, drug convictions will result in license suspensions ranging from 1 to 5 years. Theft or concealment of a motor vehicle will also result in a license suspension. All of these suspensions are reviewable by filing an appeal with the RMV Board of Appeal.

The Registry will also suspend your license indefinitely for giving the registry a “bad check,” and for non-payment of child support, taxes, property damage claims, or traffic citations. No hardship license is available in these cases and there’s nothing than be done. You will not get your license back until you pay what you owe plus any reinstatement fees. Sex offenders who fail to register as well as those who have active arrest warrants will also have their licenses indefinitely suspended. There is no hardship eligibility for these indefinite license suspensions.

Unpaid parking tickets and excise taxes will not result in the suspension or revocation of your driver’s license. Instead, if you have any of these outstanding obligations, your license will be non-renewable and you will have to pay what you owe when it comes time to renew your driver’s license or motor vehicle registration.  Payment must be made to the city or town where the vehicle is garaged or where the parking tickets were issued and you must supply proof of payment to the RMV.

In the vast majority of cases, license suspensions for failure to take required classes such as the National Safety Council Attitudinal Course or the State Courts Against Road Rage (SCARR) program can only be resolved by taking the required classes and hardship licenses are not granted for these suspensions. Similarly, hardship licenses are not granted for Immediate Threat Suspensions or Immediate Threat Medical suspensions. Instead, it may be possible to resolve these fully at a Registry or Board of Appeal hearing. A lawyer may be able to help you.

In conclusion, sometimes a lawyer can help you get a hardship license or full restoration of your driver’s license and in other cases, there’s nothing that even the best lawyer can do for you. In these cases, the only way to get your license back is to pay what you owe and/or satisfy the Registry’s license reinstatement requirements. In Massachusetts, as explained above, not every suspension qualifies for the issuance of a hardship or Cinderella license.

Expunge OUI & Chemical Test Refusal?

Here’s the situation:

RMV has record of arrest for OUI and chemical refusal based on stop found to be illegal (no probable cause). I want to erase record of arrest and refusal from RMV records. Criminal case already dismissed with prejudice.

 The case was heard in District Court and was dismissed with prejudice. The  time for the prosecution to appeal the dismissal has lapsed.The officer stopped me at approximately 2:00 am in the parking lot of a hotel  that had been destroyed approximately a year earlier.  However, there were no barriers, such as chains, cement blocks, cones, or bollards physically preventing entry, and “no trespassing” signs were, by the officer’s own admission, inconspicuous and not visible in nighttime, and I hadn’t driven beyond any of the “no trespassing” signs anyhow.  A person not familiar with the area and following directions from a GPS device would have no prior knowledge that the hotel was abandoned; hotels are inherently places that are visited by people local to the area.In an attempt to sustain a “community caretaking” justification for the stop the officer stated in his report that there had been recent thefts of materials from area buildings. However, when pressed the police could not produce any such reports of actual material thefts.  His statement about such recent theft incidents was a lie.  Furthermore, that I was driving a late model passenger sedan, a 2008 Volvo, was inconsistent with the type of vehicle commonly used in the theft of copper from buildings.  (The officer states in his report he saw a 2002 Audi A4, which is wrong.  He thought he was supposed to see a 2002 Audi A4 based on the registration I handed him so that’s what he wrote in the report that he “saw,” but the slip from the tow company correctly indicates the type of vehicle that was actually present.)

As you see, the judge found the officer had no probable cause to initiate the stop.  The stop was found to be illegal and the motion was allowed.  While the criminal case is concluded I would like to consider whatever further courses of action may be available to

1) seal or expunge record of the arrest and chemical test refusal with the RMV
2) seal or expunge record of the arrest on my CORI
3) pursue redress of the officer’s violation of my civil rights, either in state or federal court, in that he detained and arrested me with no probable cause to do so, forcing me to spend money on attorney’s fees and other court expenses, to miss work, and other obvious consequences of a prosecution initiated without probable cause.
4) if the officer’s report is supposed to be under oath, initiate a perjury prosecution against the officer in that he falsely claimed incidents (the thefts of materials from area buildings) that did not occur in an attempt to justify probable cause for a stop where he knew it didn’t exist.
Furthermore, with regard to the RMV, at the original hearing regarding the officer’s claim of refusal (which I dispute), the police withheld exculpatory evidence, namely a report showing that I passed the horizontal gaze nystagmus (HGN).  For the appeal of the RMV decision in district court it emerged that the RMV failed to forward some of the evidence from the original hearing, namely some photographs of the location at which the arrest took place and the accompanying comments I wrote on the back of those photographs.  This is relevant because the judge at this appeal hearing was very strict that the evidence had to be the same.  That means that the evidence can’t be expanded but it can’t be reduced either.
Answer: There’s no way to expunge the Registry records. While you may be able to seal the CORI, you cannot seal your RMV record.

Massachusetts Payment Default Suspensions

Sometimes driver’s receive traffic citations by mail or under other circumstances and they claim that they were the victims of some type of mistaken identity or identity theft, where someone else actually committed the motor vehicle violations.

In some instances, as described below, the driver claims that the citation was issued improperly:

New resident to the state. In October I sent in an appeals notice with a check for a late Sep violation. Nothing was ever sent to me. I contacted RMV and they said they had no record of my ticket but that I would be responsible in case officer decided to submit the violation whenever he felt like it according to some MA code. Luckily I’d scanned the ticket so I give them number and officer’s name but with no violation on file, I was told there was nothing they could do and that I should hunt down the original officer and ask him to submit the violation since I no longer had my own copy because I’d mailed it to them with a check. They also said he may or may not submit it. I told them I’d filed a complaint against this officer as what I deemed was extreme verbally aggressive behavior and that particular complaint was resolved by their Sergeant  w ho handles it. I told this go between person that I was not contacting an officer that I filed a complaint against as I’d already suffered emotional distress from our encounter. I was then told to call the sergeant, but I no longer had his name and none of those numbers they give you allow you to speak to any one. You can only leave a message. By now it didn’t matter because December I got a notice saying I have to pay fine and fees or my license will be suspended end of December. I apparently am no longer even allowed to appeal this violation and am just supposed to pay.

In cases such as this, the driver has two options. First, the driver can contest the citation by mailing it in to the address listed on the back of the citation and checking the box on the citation indicating that the alleged violator wants to exercise his or her rights to appeal the citation. When a driver elects this option, the court system having jurisdiction over the location where the citation was issued will schedule the matter for a hearing before a clerk-magistrate. If you can satisfy the clerk-magistrate that you were improperly cited or you were not the person named in the citation, he or she will issue a not responsible finding and the matter will be closed. The clerk’s office will notify the Registry and your driving record will list the finding as “NR,” for “not responsible.” The Registry will not count the violation against you for 7 surchargeable event or habitual traffic offender revocation purposes.

If the 20 day appeal period has expired, the Massachusetts Registry of Motor Vehicles will automatically suspend your driver’s license or right to operate indefinitely for “payment default.” Your license will remain suspended until you pay the citation or the matter is otherwise resolved. There are 3 ways to resolve a citation after the appeal period has expired. First, you can go to the courthouse having jurisdiction over the location where the violation allegedly occurred and ask for a late hearing. There is no right to such a hearing and it is completely up to the clerk’s office as to whether or not to grant a hearing once the appeal period has expired. Second, the Registry will accept a signed original letter, on police letterhead, from the officer who issued the citation or his or her supervisor, stating that the citation was issued in error. Third, you can exercise your right to appeal the suspension to the Massachusetts Board of Appeal. In some cases, the Board has ordered the Registry to grant a late appeal.

These are the only 3 ways to resolve a citation, other than paying it, after the 20 day appeal period as lapsed. If you do not resolve the citation in one of the above-listed ways, you will not be eligible for a full reinstatement or even a restricted hardship license unless and until you pay the citation and any required late and reinstatement fees. The Registry makes no exception to this rule. You cannot get a hardship license of any kind while your license is under suspension for non-payment of any financial obligation, including payment default.