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JESSICA A. FOLEY, ESQ.

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    859 Willard Street, Suite 400

    Quincy, MA 02169

    Phone: 617-934-0272

    Fax: (866) 784-9527

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« Massachusetts Drunk Driving Laws | Main | It's still legal to use handheld phones and text while driving in Massachusetts! »

August 28, 2008

Licenses can be taken away - they are a privilege that you need to fight for!

Unfortunately, licenses are a privilege and not a right so they can be taken away by the Registry of Motor Vehicles.  The Registry of Motor Vehicles is an administrative agency and therefore has a lot of power.  The best way to avoid a license suspension is to prevent it.  You can prevent it by not getting a ticket or a criminal violation.  If that doesn't work - you should fight every single ticket and criminal offense.

In Massachusetts, if you are over the age of 18, your license can be suspended for multiple traffic violations and upon conviction of certain criminal offenses.  (If you are between 16 1/2 and 18 please see Junior Operators for more information.)

    Suspensions for Civil Infractions:

  • 3 civil infractions in 12 months - 30 day suspension;
  • 5 surcharge-able events in 3 years - 90 days, and you must complete a driver retraining course and your license is suspended UNTIL you complete driver retraining;
  • 7 surcharge-able events in 3 years - 60 day suspension;
  • Habitual Traffic Offender Status - 4 year license suspension (the second time it is 8 years);
  • Out of State suspension - until the other state lifts the suspension;

    Suspensions for Criminal Convictions:

  • operating a motor vehicle on a suspended license - 60 days to 1 year;
  • operating a motor vehicle without authority - 1 to 3 years;
  • larceny of a motor vehicle - 1 to 3 years;
  • leaving the scene of bodily injury - 1 to 2 years;
  • leaving the scene of property damage - 60 days to 1 year;
  • operating to endanger - 60 days to 1 year;
  • motor vehicle homicide - 15 years to lifetime;
  • vehicular manslaughter - 15 years to lifetime;

     OUI Suspensions* -

  • first offense - 1 year;
  • second offense - 2 years;
  • third offense - 8 years;
  • fourth offense - 10 years;
  • fifth offense or more - lifetime license loss;

*there are alternative dispositions and additional suspensions that may be imposed.

     Other reasons why your license can be suspended:

  • drug conviction
  • defacing property
  • obtaining a fake id
  • non payment of child support
  • non payment of excise tax

IF YOU ARE FACING A LICENSE SUSPENSION, I CAN  HELP, CALL ME AT 617-934-0272 (PHONE LINES ARE OPEN 24 HOURS A DAY) OR EMAIL ME AT JESSICA@JESSICAFOLEYLAW.COM

If you are impatient - fill out this form, and I'll be in touch.

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