Criminal Motor Vehicle Offenses
A conviction for certain motor vehicle offenses such as reckless operation, driving to endanger, reckless driving, leaving the scene of an accident, driving on a suspended license, operating after revocation, and driving an uninsured vehicle, or no liability policy, will result in an automatic license suspension. The Mass. RMV will impose these license mandatory suspensions even when they are not part of the sentence. These penalties often take unsuspecting defendants by surprise.
You can avoid these license suspensions by being found not guilty or having the charges dismissed. Contact Attorney Brian E. Simoneau for more information.
A serious traffic violation can have a significant impact on an individual's freedom. On the surface, a traffic violation may result in fines and increased insurance premiums. However, it may also impact your ability to drive -- causing transportation problems getting to work, getting your children to school, or going to medical appointments. License Suspension Lawyers provide experienced defense representation focused on preserving our clients' rights and driver's licenses.
Citations in Massachusetts are either civil or criminal in nature. A citation is civil if it has a monetary fine and the "all civil infractions" box is checked. If the "arrest" or "criminal complaint application" box is checked, the citation is criminal. This means that you are being charged with a crime. Convictions or guilty pleas for certain criminal motor vehicle offenses, as well as certain drug offenses, will result in an automatic license suspension. Most of these suspensions have to be appealed to the Board of Appeal instead of the Mass. RMV.
A conviction (including a guilty plea) the Massachusetts criminal charge of operating an uninsured vehicle carries with it a 60 day license suspension, as well as significant insurance penalty and other potential costs. For a 2nd second offense charge, the Registry will suspend your license for a year. The only question at a RMV hearing on the charge of operating without insurance (uninsured) will be whether you were convicted or plead guilty.
A conviction (including a guilty plea) for the following offenses will also result in an automatic license suspension: Leaving the Scene of a Personal Injury Accident, Operating so as to Endanger, Unauthorized use of a Motor Vehicle, Motor Vehicle Theft, Vehicular Homicide, and use or possession of a False License / Registry ID card.
The best way to avoid having your license suspended for a criminal offense is to avoid being convicted. Contact an attorney to discuss your case.
Examples of criminal motor vehicle offense, all of which trigger license suspensions upon conviction include operating without a license, operating after suspension, driving while under the influence of alcohol or drugs, making false statements to obtain a driver’s license, negligent operation of a motor vehicle, reckless driving, operating so as to endanger, leaving the scene of an accident after causing property damage or personal injury, knowingly allowing a person to operate your vehicle on a suspended license, and certain ignition interlock violations. A conviction of any of these offenses will trigger an automatic license suspension. The Registry will count offenses committed outside of Massachusetts if you were a Massachusetts resident or license holder.
There are many non-motor vehcile crimes which will also trigger automatic license suspensions. These include vandalism, tagging, drug offenses, larceny of a motor vehicle, receiving a motor vehicle to name a few.
The Massachusetts RMV will not issue you a hardship license for most criminal offenses. However, it is still possible to attempt to obtain one. Contact a Mass. License Suspension Lawyer to find out how.