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Late Traffic Citation Hearings
The Legal authority that gives the RMV the right to grant a customer a late hearing, before being suspended, on a civil traffic citation is G.L. c. 90C § (A)(4) which states in pertinent part, “[a] violator who does not, within twenty days of the date of the citation, request a non-criminal hearing shall not thereafter be given such a hearing, unless the registrar shall determine that the failure to make such a request timely was for a good cause that was not within the control of the violator.”
Second Traffic Citation Hearings
There is no authority for a Registry Hearing Officer to grant a second hearing on a traffic ticket. The law speaks only to a civil hearing before a magistrate and, in the event of dissatisfaction, an appeal to a justice. Any further appeal is allowed to the Appellate Division of the District Court or Appellate Court. The RMV or Hearing Officer is simply a step in the recording of the process of appealing a citation. No Hearing Officer may grant a hearing on a citation that has already been before a magistrate or judge, even if you failed to appear for your first traffic ticket hearing. A customer may go back to that magistrate, judge or court and ask them for a second hearing and bring such approval in writing to a RMV Hearing Officer to record such permission granted by the court. The RMV does not accept oral approval from any court. The court allowing a new hearing must provide a proper letter stating that it has no objection to a 2nd hearing being granted.
If the Court denies your request for a second hearing on a traffic citation, then the Court previous finding of “responsible” stands, the and you are responsible for all fees related to the citation. The citation and all Mass. License Reinstatement Fees must be paid to MassDOT/RMV to maintain your driving privileges. Also, if the court refuses to grant you a late or second hearing, the citation will count against you for license suspension purposes (e.g. 5 surchargable events, 7 surchargable events, habitual traffic offender, 3 speeding tickets in a year.)
