Registry of Motor Vehicle records are what MassDOT uses to determine the length of driver’s license suspensions. These records are not always accurate and there are ways to correct these important records.
Many inaccuracies are the results of converting paper to computer records. Errors may have occurred when the records were “computerized” many years ago. The first step in challenging the accuracy of your Massachusetts Driving Record begins with obtaining your Board of Probation record from the Massachusetts Criminal History Systems Board or the Probation Department of the District Court.
Next, a comparison needs to be between your criminal and driving records. Where there is a discrepancy, the Board of Probation record is usually found to be correct. As one Superior Court Judge observed, “This court is satisfied that the Board of Probation records of convictions (“BOP”) carry substantial reliability. They are frequently reproduced, examined by judges, probation officers, defendants and their counsel, and relied upon by the court in sentencing. Mistakes, though rarely found, are quickly corrected.”
The third step in the process is to obtain the court documents associated with the OUI case that is in dispute. Often, due to the age of these records, they are sometimes difficult to obtain. The records should be certified by the Clerk-Magistrate’s Office so that they can be introduced in official proceedings such as Registry, Court, and Board of Appeal Hearings.
The Clerk-Magistrate’s Office should send a “corrected abstract” or a “supplemental abstract” to the Massachusetts Merit Rating Board, which is located at the RMV Branch at 25 Newport Avenue Extension in Quincy, Massachusetts. Upon receipt, the Merit Rating Board will review the updated information from the Trial Court and compare it with any records on file at the Registry of Motor Vehicles.
Once the Merit Rating Board updates your driving record, you will likely need to appear at a hearing at the Registry of Motor Vehicles to contest the timing and length of the resulting driver’s license suspension(s). If the hearing outcome is not favorable, you have the right to appeal the Registrar’s decision to the Board of Appeal. The Board has the authority to review the RMV action and order the adjustment of suspensions and revocations in accordance with the law.