Habitual Traffic Offender Suspension | Hardship License Attorney
Did you know that your motor vehicle license could be suspended for four years if you were to get 12 civil infractions in five years or just three convictions for major offenses? Under M.G.L. c. 90, § 22F the Registry of Motor Vehicles will automatically suspend an individual's license for four years if they are determined to be a Habitual Traffic Offender.
The Registry of Motor Vehicles will automatically suspend your license for four years if you have three convictions of “major offenses” within any five year period. The Registry is not limited to looking at just convictions arising out of offenses in Massachusetts. Out-of-state offense convictions may count.
The major offenses include convictions for:
- Driving under the influence of drugs or liquor.
- Reckless or negligent operation of a motor vehicle.
- Making a false statement in an application for a learner's permit or motor vehicle license or in an application for a motor vehicle registration.
- Leaving the scene of an accident involving either personal injury or property damage.
- Operating a motor vehicle after suspension or revocation of your license.
- Unlicensed operation.
- Using a motor vehicle to commit a felony.
For operating under the influence of liquor or drugs an “Admission to Sufficient Facts” or “Continuance Without a Finding” are convictions for license suspension matters.
You can also have your license suspended for four years if you are found responsible for 12 moving violations or any combination of moving violations and major offenses that equal 12 responsible and guilty findings.
By law, you are entitled to a hearing before a Hearings Officer before the Registry enacting the four-year suspension. In fact, you should receive a letter from the Registry that informs you of this. However, this hearing is not to beg or plead your case as to why the suspension if not fair. The only issue that may be raised at this hearing is whether or not Registry's record is accurate. If the record is accurate, then the Hearings Officer has no discretion but to move forward with the license suspension.
If the suspension is valid and you are deemed a Habitual Traffic Offender you will be eligible to apply after one year of the suspension to the Registry for a hardship license. The Board may consider an appeal earlier, but this requires extraordinary circumstances. If there is any evidence that you have operated a motor vehicle during the suspension period, the Registry will automatically deny your hardship appeal.
Prior to appealing to either the Registry or the Board of Appeals you must attend and complete the National Safety Council eight-hour Attitudinal Dynamics of Driving (ADD) program.
Attorney Matthew Gilman has represented thousands of clients against the Massachusetts Registry of Motor Vehicles and before the Division of Insurance Board of Appeals. He has argued 30A Administrative Appeals against the Registry of Motor Vehicles in the Superior Court. As a former RMV Hearing Officer Attorney Gilman knows how to get his clients' drivers licenses back. Attorney Gilman and his team are dedicated to License Suspension Law and OUI/DUI Defense. Over 90% of Attorney Gilman's clients have received license suspension relief from the RMV and Board of Appeals. Contact Attorney Gilman today for a free license suspension consultation.
