Massachusetts Driving Laws

Qualifications to operate a motor vehicle in Massachusetts: elderly or disabled?

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.

Drunk Driving Arrests have increased in Massachusetts

My brother and his wife were in town visiting for a wedding.  The wedding was in Boston and they were staying on the South Shore with my mom and step-dad.  On the way home from the wedding, they were stopped at a roadblock.   There seem to be more and more roadblocks lately.  As a defense attorney who defends many OUI cases in Massachusetts courts, I have had a marked increase in clients who have been stopped at roadblocks.

Luckily for my brother, he hadn't really had much to drink and the Trooper just had a quick conversation with him and sent him on his way. 

Very soon after, there was an article in the Boston Globe stating that there has been a 70% increase in drunk driving arrests in the past two years.  Guess why?  Because there has been a increase in roadblocks.   Police are getting better at running roadblocks, and following procedures.  The same rules apply for a roadblock that apply for any stop where you are suspected of drunk driving:

1.  You have the right to refuse any and all field sobriety tests.

2.  You have the right to refuse a Breathalyzer.

3.  Be Polite.

If you have been arrested for drunk driving, you have the right to be represented by an attorney.  For a consultation email me at jfoley@sullivanandsweeney.com or call me at 617-328-6900.

Permits and Freedom

Finally, that magic day occurs...you turn 16.  Turning 16 in Massachusetts is VERY exciting for the 16 year old and very scary for their parents and others that love them.  FINALLY, you can drive, even if it means driving with your parents. In Massachusetts, you are eligible for your Learner's Permit on your 16th birthday.  I have a very clear recollection of going to the Registry of Motor Vehicles in Quincy, taking the quiz, and getting my permit.  It was an exciting day!  I also CLEARLY remember that my mom wouldn't let me drive home!  Of course I didn't know HOW to drive, but how hard could it be?  Luckily for other drivers on the road, and me, my mom made me wait.  She also made sure that I drove 1000 miles with an adult before I could have the car on my own (so I drove EVERYWHERE for the next few months and far surpassed my mom's minimum requirement).  In retrospect, it was a good idea and she was ahead of her time.  Now new drivers MUST log hours with an adult prior to getting their license.

When you have a Learner's Permit in Massachusetts, you are subject to the following restrictions:

• When you drive you must be accompanied by a licensed driver 21 or older!
• You may not operate between the hours of 12 a.m. and 5 a.m. unless you are accompanied by your parent or a legal guardian who is a licensed operator with at least one year of driving experience.
• The parent or guardian who is driving with you between 12 a.m. and 5 a.m. must not have a revoked or suspended license.
• You cannot operate in a state other than Massachusetts if it violates the laws of that state.
• You must be in physical possession of your Permit when you are operating a motor vehicle.

It seems like a lot of rules, but you have to follow them.   You will not be eligible to get your license unless you can prove that you have had a clean driving record for the six months prior to going for a road test. This means that if you get a ticket while you have your permit, or if you get into an accident, you should contact an attorney.  If you have any further questions call me at 617-328-6900 or email me at jfoley@sullivanandsweeney.com to schedule a consultation.

A speeding ticket can cost you!

What can it actually cost you if you get round responsible for a moving violation?

Well, if you look at the Safe Driver Insurance Plan in Massachusetts (which explains how insurance points are accumulated), each point costs approximately 5% of your insurance premiums.

If you are a junior operator, you only need to be found responsible for one speeding ticket to lose your right to operate a motor vehicle for 90 days!

Summer is coming and a summer without a license can mean a summer without a job, and without the means to hang out with your friends at the beach while your parents work!

If you are a junior operator and have gotten a speeding ticket, appealing it might save your license and your summer.  Call me at 617-328-6900 or email me at jfoley@sullivanandsweeney.com.

Big news at the Massachusetts Registry of Motor Vehicles

There are some big changes at the Massachusetts Registry of Motor Vehicles, the outgoing Registrar, Anne Collins, has been given a senior position in the Executive Office of Transportation by Deval Patrick.  She will be replaced by Rachel Kaprielian, a Democrat from Watertown. 

It is well known that Anne Collins took her job seriously, and thus made it difficult for Massachusetts Drivers to get hardship licenses and remove suspensions.  She can say that she helped make the roads safer by enforcing legislation.  She did a wonderful job.  She is very smart and successful.  The new Registrar has dedicated her life to public service and it will be interesting to see what if any changes take place at the Registry of Motor Vehicles.

Here are some recent news articles annoucing the change:

Krapielian named motor vehicle registrar, The Boston Globe, May 21, 2008

New RMV boss' hubby has drunk-drive history, The Boston Herald, May 22, 2008

BREAKING: State Rep. Rachel Krapielian has been tapped to be the registrar of motor vehicles, Wicked Local, May 21, 2008

If you have a problem with the Registry of Motor Vehicles (i.e. a license suspension, immediate threat or hardship) please contact me for a consultation at 617-328-6900 or email me at jfoley@sullivanandsweeney.com.  At Sullivan & Sweeney, LLP we have the experience, reputation and expertise to assist you.

Drunk Report, publishing names of people charged with drunk driving...what's the purpose?

If someone is going to get into a car, after going to party of having dinner with friends...is worrying that if they get pulled over and charged with drunk driving going to make them think twice?

First of all, just because someone is charged with operating under the influence - it does not mean they actually are, sometimes they are not paying attention and swerve - and get stopped.  Sometimes a plate light is out and they get stopped.  There are also many medical reasons why a person could appear to be drunk driving.

Second, I am not convinced that seeing a name in the police report does anything more than embarrass the person who is simply charged with an offense.

One thing that publishing reports of drunk drivers, whether they are found guilty or simply charged, is to make the District Attorneys and Judiciary very nervous about using their discretion to reduce a charge.  I'm not talking about someone who has been charged with a third offense drunk driving and had two previous offenses in the past few years, I'm talking about the lifetime look-back of Melanie's Law.  This means if you are charged with drunk driving now, and you have a conviction or a cwof (continuation without a finding) in 1977, and the prosecutor has a copy of the conviction, you are technically not eligible for a first offenders program.  Now, there are certainly more factors that are considered in deciding on whether or not someone is eligible for a first offenders disposition, such as whether or not they completed a program the first time they were found guilty or admitted to sufficient facts.

The Patriot Ledger has a column, that it runs regularly, called The Drunken Driving Record, where names of people charged with a second offense or higher of drunk driving are published in the local paper.  I am curious to find out if it acts as a deterrent or simply puts extra pressure on prosecutors, criminal defense attorneys and the judiciary.

If you have been charged with drunk driving (operating under the influence of intoxicating liquor) contact me at 617-328-6900 or email me at jfoley@sullivanandsweeney.com to set up a consultation.  At Sullivan & Sweeney, LLP we have the experience and expertise to handle your case.

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.