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Out of State DUI Suspensions – Changes Coming to MA RMV

Massachusetts Registry News

On June 21, 2019, Volodymyr Zhukovskyy, the holder of a Massachusetts Commercial Driver’s License (CDL) killed 7 motorcyclists in New Hampshire. His Driver’s License should have been indefinitely revoked because he was arrested for DUI in Connecticut on May 11, 2019 and he refused to submit to a breath test.

There is a nationwide system in place which is supposed to result in the automatic suspension of a person’s driver’s license in his or her home state when that person’s right to operate has been suspended or revoked in any other state. However, for reasons do not appear to be fully known at this time, the indefinite NDR revocation of Zhukovskyy’s Massachusetts CDL did not occur.

According to MassDOT, the Connecticut DMV did not provide sufficient information which would have resulted in the automatic revocation of Zhukovskyy’s CDL. This information is entered in CDLIS, a nationwide Commercial Driver’s License Information System. On May 29, 2019, the CT DMV used another system, administered by AAMVA, the American Association of Motor Vehicle Administrators, to notify Massachusetts of the Connecticut DUI arrest and resulting Chemical Test Refusal suspension. However, this system required a Registry Hearing Officer in Massachusetts to manually review the information and apply it to Zhukovskyy’s Massachusetts Driving Record. When the fatal accident occurred on June 21, 2019, this manual process had not been performed and his license was still active at the time of the crash.

Zhukovskyy has been charged with 7 counts of Motor Vehicle Homicide by Negligent Operation. If convicted, he will face a 15-year license revocation as well as other penalties including incarceration. He was involved in a roll-over crash in Baytown, Texas on June 3rd. On June 16 of 2013, he was arrested for OUI and he received a 24D disposition. Because he was under 21 years of age, he served a 210 day license suspension and he completed the first offender alcohol education program. He also had a prior indefinite immediate threat revocation of his license.

As a result of this tragedy, improvements in communication between the Massachusetts Registry of Motor Vehicles and the motor vehicle departments in other states. With these improvements, it is likely that an out of state DUI will result in the loss of your license here in Massachusetts.

Out of state DUI convictions will be applied to your Massachusetts Driving Record and this will automatically generate new suspensions in Massachusetts, ranging from 1 year for first offenders to lifetime for fifth and subsequent offenders. There may be ways to reduce the length of these suspensions and/or obtain hardship relief by appearing before either the Driver Control Unit of the Registry or the Board of Appeal. I have been very successful in obtaining license reinstatements in these challenging situations. I invite you to contact me if you are dealing with an out of state DUI or license suspension. Also, I am happy to speak with your DUI lawyer regarding Massachusetts suspension penalties and consequences.

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