This e-mail from a Washington resident shows how out of state offenses can cause a “catch-22” situation where the driver is otherwise clear to drive in his home state, but unable to obtain his license due to a Massachusetts NDR suspension.
I lived in Mass until 2003. In 2009, I was arrested for a DUI in Wa State. I have lived in Wa since 2003, with a Wa state drivers license.
I am now doing deferred prosecution for the above arrest which will be finished in August of this year. I have a clearance to get my Drivers license back in Wa, However,Mass has suspended my right to operate and Wa state will not issue a license until it is cleared in Mass.
I have sent Mass my driving record and clearance letter, but they said they would not accept the driving record since it did not show my DUI. I am under the impression that it should not show since I am on the deferred Prosecution.
I did have 2 OUI’s in Mass in the 90’s.
Mass also sent an affidavit for me to fill and have notarized stating I will use an interlock device if I drive in Mass.
I have been trying to clear this up for nearly 3 months and never get the same person; their fax machine never seems to receive faxes, etc. I’m not sure what my next step is or how to get this taken care of since I reside across the country. One of the mass RMV employees said that since it is deferred, it may just all go away, but she has been contradicted by others I have spoken with there.
Analysis & Solution: Technically, the Mass. RMV lacks the legal authority to suspend this driver’s license, because he was not a Massachusetts Resident or licensee when he was arrested for and convicted of the 2009 Washington State DUI.
He moved from Massachusetts years prior to his arrest and his Massachusetts license was long-expired.