Massachusetts Registry News

Lifetime Breathalyzer Refusal Revocations

If you have a lifetime breathalyzer refusal suspension, the Board of Appeal will not grant you a hardship license. Your only option in this situation is to challenge the sufficiency of the Registry’s records or to get one of the prior convictions or alcohol program assignments reversed. You will likely need a lawyer to accomplish this. G.L. c. 90 Sec. 24(1)(f)(1) provides as follows: “a person previously convicted of, or assigned to a program for, 3 or more such violations…

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Lifetime CDL Revocation for Breathalyzer Refusal

I recently received this e-mail from a truck driver who was arrested for drunk driving in an unknown community in Massachusetts. On 3/12/12 I was arrested for an OUI. When I got to police station for the breathalyzer test, they told me that if I refused I would only lose my license for 180 days. I did have one back in 1991 they told me that it was not on my record anymore. I do have a lawyer and she…

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Driver’s License Reinstatement Fees

The Registry of Motor Vehicles charges reinstatement fees which have been authorized by the Massachusetts Legislature. Registry Hearing Officers have no discretion to waive these fees. They are set forth in G.L. c. 90 Sec. 33. With the implementation of the Registry’s new computer system, Hearing Officers may be charging for multiple unpaid reinstatement fees when a customer reinstates. Although this may not have been done before, this is authorized by the statute. The Registry’s new computer is apparently programmed…

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New RMV Document Requirements

In order to comply with the Real ID Act, which is a federal law, the Massachusetts Registry of Motor Vehicles will be imposing certain requirements for the issuance of Massachusetts Driver’s Licenses which comply with the security requirements of the Real ID Act. This new secure credential will be required for entry into certain government buildings as well as for air travel after October of 2020, when the identification deadline goes into effect. On March 26, 2018, to get or…

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MA Registry to Issue New Licenses in March, 2018

The Driver’s Licensing Department of the Massachusetts Registry of Motor Vehicles will make secure Real ID Act Complaint Licenses available to Massachusetts Residents in March of 2018. These new driver’s licenses are going to be required to enter Federal facilities, buildings, and installation as well as nuclear power plants and commercial aircraft which are regulated by the Federal Aviation Administration. Individuals who do not have a Real ID Act Complaint Driver’s License can still gain entry into these secure buildings…

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The Mass. RMV Hearing Process

If you are required to attend a hearing at the Driver Control Unit of the Registry of Motor Vehicles due to a driver’s license suspension, revocation, or reinstatement, you should be aware of your legal rights and responsibilities. The most important legal right that you have at a Massachusetts Registry Hearing is the right to be represented by a lawyer. Registry of Motor Vehicles regulations specifically provide that a person who is undergoing a Registry Hearing has the right to…

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The Real ID Act of 2005

The Massachusetts Department of Transportation (MassDOT) is working toward compliance with the Federal Real ID Act and the Registry of Motor Vehicles (RMV) now issues driver’s licenses which are Real ID Act Compliant. These new secure driver’s licenses will be required for entry into federal buildings and to board domestic fights. However, individuals who have a valid U.S. passport or passport card can use those documents to prove their identities instead of a driver’s license. The Real ID Act of…

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New DUI Marijuana Court Ruling

With the legalization of Marijuana by the Massachusetts Legislature as a result of a referendum ballot question, there have been many changes in the law and some of those law changes impact Massachusetts Hardship Licenses as well as suspensions and revocations. Medical Marijuana is low legal in Massachusetts and the Registry of Motor Vehicles no longer suspends licenses for certain drug convictions such as possession of marijuana, even if the conviction entered prior to legalization. The highest court in Massachusetts,…

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Appealing a Breathalyzer Refusal Suspension

If the Massachusetts Registry of Motor Vehicles suspended or revoked your driver’s license or right to operate, you have the right to contest the Registry’s action, but you must follow certain procedures, otherwise, you will lose your right to appeal. In these refusal appeals, there are generally three questions which must be addressed. First, did the arresting police officer have reasonable grounds to believe that the person arrested committed the crime of operating a motor vehicle while under the influence…

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CDL Disqualifications & Revocations

Federal Regulations, 49 CFR 383.51, carry strict penalties for holders of Commercial Drivers Licenses who commit certain traffic violations. For example, if you receive a citation for “excessive speeding,” which is defined as speeding in excess of 15 miles per hour over the speed limit, it will be counted against you as a serious traffic violation (STV).  However, in order for this to affect your CDL, the speeding violation must have been committed while you were operating a CDL vehicle.…

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