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Federal law requires all motor vehicle departments to check a national computer database, known as the Problem Driver Pointer System of the National Driver Register, to insure that a driver does not have a problem with his or her license in another state before issuing a driver’s license. If you appear in the NDR, there may be a problem with your status which must be resolved prior to the issuance or renewal of a license. Until the block is cleared, you cannot be issued a driver’s license. If you already have a Massachusetts license, and you are blocked in the National Driver Register, it will be indefnitely revoked and you cannot reinstate you license unless and until the NDR block is cleared.
Under this nationwide system, transmitted via the NDR may result in the denial of a new license or loss of your existing Massachusetts License. If you have received a letter from MassDOT informing you of a “REVOCATION NDR-DRIV ALCOH/DRUG INDEFINITE,”REVOCATION NDR-CHEM TEST REFUSE INDEFINITE,” or “REVOCATION NDR-ADMIN PER SE INDEFINITE,” MassDOT will require you to provide “proof of findings” regarding the out of state DUI as a condition of reinstatement. The documentation which the Massachusetts Registry requires incudes a certified copy of the out of state driving record and/or a certified copy of the court records showing the DUI offense date, description of the DUI violation, and the drunk driving conviction date or resolution date, as well as the outcome of the charge such as whether it resulted in a conviction, dismissal, alcohol program assignment, or whether you were convicted of a lesser and included offense such as reckless driving, operating so as to endanger, “wet reckless,” or driving while ability impaired (DWAI).
Unless the other state can clear your NDR record electronically via the PDPS, you will need to provide a clearance letter from the state which has your record blocked in the NDR. The letter must be an original document issued within thirty (30) days of presentation to the Registry of Motor Vehicles. A faxed NDR clearance letter is only acceptable if it is faxed directly from the other state(s) to the RMV.
Also, the State of Massachusetts is a member of the Non-Resident Violator Compact (NRVC). The purpose of the nationwide Non-Resident Violator’s Compact is to enforce citations issued to out of state drivers by requiring the driver’s home state to suspend or revoke his license due to a citation received in another state. Clearance procedures for an indefinite suspension which the Registry imposed pursuant to the Compact are the same as the procedures to clear a NDR suspension. Proof of findings is not required unless the out of state incident was DUI related.
Fortunately, there are several ways to challenge out of state National Driver Register (NDR) suspensions and Attorney Simoneau has been very successful in obtaining full license reinstatements in these cases. Legal representation begins with a full review of your record in Massachusetts and in the state where your rght to operate has been suspended, revoked, denied, or blocked. You must first resolve the issue in that state before your license or right to drive can be reinstated in Massachusetts.
If the suspension is originating in Massachusetts and you are licensed in another state, you should contact Attorney Simoneau for assistance. As a Massachusetts lawyer, he can provide representation and deal with the Mass. RMV on your behalf. You cannot get a Massachusetts Hardship LIcense while your license or right to operate is suspended or revoked in the National Driver Register (NDR), unless the state where the suspension originates has granted you some type of limited, hardship, or restricted driving privileges.