Massachusetts Driving Laws

More backlash against elderly drivers

Elderly drivers are currently getting very bad press.  There was an opinion in the Patriot Ledger today by Lauren Munger of South Weymouth, asking families to be held accountable for assessing the driving ability of elderly drivers in their families.

Certainly, there are some drivers who shouldn't be on the road for a variety of reasons.  I would venture to say that most of the reasons that someone shouldn't be operating a motor vehicle have nothing to do with age. 

Changes in medication, vision changes, cataracts, license suspensions, undiagnosed medical conditions, repeated driving offenses and moving violations are all reasons why someone might lose their license from the RMV.  Many of the reasons are correctable over time, medications can be changed or monitored, vision can be monitored and prescriptions changed, or someone can go and see their doctor to get a diagnosis.  If someone can't drive for legal reasons, they can appeal to the Registry of Motor Vehicles with an attorney and either get their license back, or get a hardship license.  Usually, if your license is suspended for legal reasons you can get it back sooner or later (but not always).

There are people of every age who get into car accidents, and people of any age who should not be driving for medical reasons.  There are certainly circumstances where people should not be driving, but it should be for a good cause and not at the whim of an irate police officer or a nervous relative. 

Recently, I was in Brockton District Court on a matter, and was witness to one of the saddest and most depressing pleas and sentencing I had ever seen.  Jane Berghold plead guilty to two counts of negligent motor vehicle homicide and one count of serious bodily injury.  It was a tragedy, but I do not think that every single driver over a certain age should be punished for a mistake.  There are young 80 year olds and old 35 year olds.   

What happens when you or your loved one can drive, but isn't quite so mobile?

As we age, sometimes we get a little less able. Sometimes we might notice that we aren't as quick on our feet, or that it's harder to walk long distances, or perhaps a cane or a wheel chair is needed to increase mobility. You may notice it happening to yourself or you may notice it happening to a loved one.

Once this realization occurs, one of the activities that elderly drivers are concerned about is their continued independence and safety. Their loved ones are concerned about safety and the independence and well-being of their loved ones.

If you or your loved one has no limitations that impact his or her ability to drive, you or your loved one can apply for a Disabled Plate and/or Disabled Placard.  In order to qualify for either a plate or a placard, you must be a resident of Massachusetts and must have your doctor, chiropractor or nurse practitioner certify that you meet one of the following conditions:

• Cannot walk 200 feet without stopping to rest.
• Cannot walk without the assistance of another person, prosthetic, cane or crutches.
• Have a lung disease such that your respiratory expiratory volume is less than 1 liter.
• Use portable oxygen.
• Have a Class III cardiac condition.
• Have a  Class IV cardiac condition (if you have this the registry requires you to surrender your license, in this instance you will be issued a placard for the motor vehicles you are riding in).
• Have Class III functional arthritis.
• Have Class IV functional arthritis.
• Have Stage II anatomic arthritis.
• Have Stage IV anatomic arthritis.
• Are legally blind (again a situation where you would be issued a placard).
• Have lost one or more limbs.
• Have permanently lost use of one or more limbs.

Please note that there are also Temporary Placards available if you are going to be temporarily disabled by one of the above conditions for more than two months.

A lawyer can assist you in navigating the Registry of  Motor Vehicles.  If you would like to set up a consultation call me at 617-328-6900 or email me.

Physical qualifications to operate a motor vehicle?

Are there physical qualifications to operate a motor vehicle? 

The Massachusetts Registry of Motor Vehicles, Medical Affairs Branch is responsible for setting forth policies and procedures regarding physical qualifications for driving.  The policies are set from recommendations from the Registry's Medical Advisory Board.

The Medical Advisory Board, is appointed by statute: Mass. Gen. Laws c. 90 sec. 8C.

They set standards for the minimum physical qualifications for driving in the following areas:

• vision
• cardiovascular conditions
• respiratory conditions
• seizure conditions
• conditions that result in loss of consciousness

They also conduct personalized assessments if their policies do not guide them in regards to the physical condition of an individual driver.

Do you feel as though you are qualified to drive, yet the Registry has suspended or revoked your license?  You can hire an attorney to represent you in your efforts to get driving again!  Call me at 617-328-6900 or email me to set up a consultation.

More speeding tickets on the Mass Pike

Both of our local papers have had recent articles on the increased amount of speeding tickets that drivers on the Massachusetts Turnpike are receiving:

Troopers pick up ticketing rate on Pike, Boston.com, April 26, 2008.

Pike slaps more speeders, Denis tix hike is to boost budget, Casey Ross, Boston Herald

According to both articles,  state records show that 722 more speeding citations have been issued in the first two months of 2008, then were issued in the first two months 2007.   That's a 12% increase and potentially 4,332 more tickets issued on the Mass Pike than were issued last year.

If you get a speeding ticket on the Pike and are found responsible, you will get surcharge points on your insurance, which means more costs and fees.  If you have received a speeding ticket or other citation for a moving violation on the Pike, call me for a consultation at 617-328-6900 or email me to arrange a time to meet.  You have the right to have a lawyer represent you at all hearings, including at a ticket appeal before a Clerk Magistrate.

One way to get out of a criminal conviction

On April 14, 2008, a Westborough, Massachusetts man was scheduled to go to trial on a charge of 5th offense operating under the influence (i.e. he allegedly had four previous convictions for OUI) or drunk driving.  The witnesses didn't appear due to an error in summoning the witnesses and according to the Boston Channel, he was found not guilty. 

It is not entirely clear, if Bryce Williams was found not guilty or if the case was dismissed - if he was found not guilty it was his lucky day. 

If the Judge only dismissed the charges, Mr. Williams should not discharge his counsel just yet, it is possible that the Worcester County District Attorney's office will re-file the Complaint.  If it is dismissed again, they could appeal the dismissal.  I had a similar case when I was an Assistant District Attorney in Plymouth County, and appealed the dismissal, and because there had been a mix-up with summonses and the troopers had appeared at every other scheduled date, the case was put back on the trial list.

The fact that this story even made the news, just goes to show how much pressure the media is putting on law enforcement, particularly in the wake of Melanie's Law, to prosecute drunk driving cases to the fullest extent of the law.

If you have been charged with drunk driving, call my office at 617-328-6900 or email me to arrange for a free consultation.

Driving laws and celebrities.

I have a blog about Massachusetts Driving Law (as you know if you are reading this), and it is not very often that there are celebrities involved in driving related issues in Massachusetts. 

This past week in Gloucester, Massachusetts Sandra Bullock and Jesse James were involved in a car accident with an alleged drunk driver.  Sandra and Jesse are at the other end of the celebrity drunk driving spectrum, they are allegedly victims of a drunk driver. Luckily no one was injured in the accident. 

Boston.com reported on April 20, 2008 that Lucile Gatchell of Gloucester, swerved and hit the vehicle that was carrying Sandra Bullock and her husband.  According to Matt Viser, of the Boston Globe, Ms. Gatchell took a breathalyzer, and it came back a .20 (.08 is the per se legal limit in Massachusetts), she also was overheard stating "My first drunk driving incident and I hit Sandra Bullock."

According to the reports, Ms. Gatchell has no prior history of drunk driving, therefore she will be eligible for the first offenders program. Ms. Gatchell made a few mistakes (in my opinion) after the accident, first she took a breathalyzer, and second, she made a statement "My first drunk driving accident." Of course I do not have all of the details, and there may be some suppression issues so the statements and/or the breathlyzer may not be admitted as evidence in court in the event that there is a trial.  Perhaps she can try the "I was in shock because I hit a famous person", defense. 

Check out Boston Channel for a video of the arraignment.  Also for more stories related to the accident you can check out:

Driver charged in crash with actor, by Matt Viser, Globe Staff

Bullock crash draws worldwide attention, by Richard Gaines, Gloucester Daily Times

There are some great celebrity blogs, that regularly report on celebrities, one I like (because it combines celebrities and drunk driving) is Popsquire. 

On the Road with Jeff - A Driving Blog

I realized something on Friday, I need to look around the web for more informational sources for Massachusetts Drivers.  I got a call on Friday morning from Jeff Larson, WCVB Channel Five's Traffic Reporter, it seems that my blog was mentioned on Universal Hub. 

Of course, I then took a look at his blog, On the Road with Jeff.   It is very informative and has a lot of up to date information on local issues related to driving.  I highly recommend that you check it out, as he has compiled a lot of interesting information that relates to Massachusetts Drivers.

He also has tips on how to be a better driver, Jeff Larson's Driving School, which has great practical tips for everyone who is a driver (Massachusetts or otherwise).  He is very concerned about driver safety, and from a legal perspective, if you pay attention to safety issues that he highlights, the chances of you getting stopped for a driving infraction will most likely decrease.

I always found SMARTRAVELER, to be extremely helpful (especially if I am running late), and it is nice to know that he also genuinely cares about the safety of Massachusetts Drivers.

Can you test your blood alcohol at home?

How much can you drink and then safely operate a motor vehicle?  How much can you drink and be legally drunk in Massachusetts? (Legally intoxicated in Massachusetts is .08 if you are over 21 and .02 if you are under 21.)  How much alcohol you can safely drink depends on many different factors.

I came across an interesting online breath test (obviously you don't blow into the computer...at least not yet).  You can have a little fun comparing body types and blood alchol content by checking out this website:

Cops Online Breath Test

This post is purely for informational/fun purposes, it is not a license to have 5 drinks and go drive because the Cops test told you your blood alcohol would only be .075 if you had 5 drinks in 4.5 hours.  The test does not take into account anything except the information you punch in.  DO NOT USE IT TO ASSESS WHETHER OR NOT YOU CAN SAFELY DRIVE!

There are many factors that effect your blood alcohol, including but not limited to:

• your build
• medical conditions
• health
• how much you eat
• genetics
• your tolerance for alcohol
• medications

If you have taken a breath test and have been charged with drunk driving, call me at 617-328-6900 0 or email me to set up a consultation.

What happens at a Clerk's Hearing for a Speeding Ticket?

The time has come, you have gotten a speeding ticket (or a citation for some other civil moving violation), you mailed in the ticket, you got a notice for the date, and now it's game time.

Who is going to be there?

• Clerk Magistrate
• A Police Officer
• you (and your lawyer if you hire one to represent you)
• Any other witnesses

Is the officer who issued you the citation going to be there?  No, probably not.  All that is required under Massachusetts Law is that a representative from the police department be present.  The officer who gave you the ticket does not need to appear.

The officer will only go by the information that he received from his colleague who pulled you over and that is all he or she needs. 

The officer makes his or her case.

The Clerk Magistrate decides what to do about the citation.  Sometimes they will not issue the citation, sometimes they will reduce the fine and issue the citation, and sometimes they will issue the citation.

Does hiring an attorney to represent you help?

Yes, often it does (although nothing in is a guarantee) An attorney can advocate on your behalf.  Hiring an attorney to represent you at a Clerk's Hearing, is usually cheaper in the long run.  If the citation issues you will have surcharge points added to your driving record, and your insurance will increase 5% for each point!  This can get expensive.  (See Automobile Insurance Surcharges)

If you are not satisfied with the result of the Clerk's Hearing, you can appeal to a Judge.  At this hearing it is required that the police officer who issued the citation appear and give testimony.

For more information on Automobile Insurance Surcharges see:

Automobile Insurance Surcharges

Safe Driver Insurance Plan

A Warning instead of a Speeding Ticket?

    Recently, the The Boston Globe, published an article: Warning! When it comes to traffic tickets, it matters where you get stopped. by Ralph Ranalli and Manny Veiga.  The authors investigated whether drivers are more likely to get warnings or ticketed for moving violations in approximately 21 local cities and towns.  Turns out, according to their research, that in many towns you are just as likely to get a warning as a ticket for a moving violation. 

    Needham, Dover, Wellesley, Southborough, Lincoln and Newton all reported more warnings then citations.  There is certainly advice on how to avoid a speeding ticket: crying, begging, being polite.  (see also Stopped by a Police Officer?)

    According to to the investigation conducted by the reporters of The Boston Globe, the police actually have discretion as to whether or not they give out a citation.  If the incident involves threats to the public safety - even if your driving record is clean - you are likely to get cited.  If you are going 5 mph over a speed limit, you will probably get a warning. 

   The officers said that warnings work - and that's why they use them.  On the other hand, if you have been given 20 warnings - it's likely you are going to get a ticket.

For more information see:

Warning! When it comes to traffic tickets, it matters where you get stopped (The Boston Globe, March 31, 2008, by Ralph Ranalli and Manny Veiga)

Some Towns Give out More Warnings