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JESSICA A. FOLEY, ESQ.

  • The Law Office of Jessica A. Foley

    859 Willard Street, Suite 400

    Quincy, MA 02169

    Phone: 617-934-0272

    Fax: (866) 784-9527

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« But I will automatically lose my license if I refuse! | Main | Junior Operators »

November 28, 2008

Habitual Traffic Offender - Hardship License

Have you received a notice that your license is suspended because you are a Habitual Traffic Offender (or "HTO")?   You may not have been paying attention to your driving record, or even been unaware of this possible license revocation.  The potential for being classified as an HTO and having your licenses suspended for FOUR or EIGHT years, is one of the reasons it is so important to fight EVERY speeding ticket, and EVERY surcharge!  But what happens if you haven't fought your tickets?  You will be classified as an HTO if you have three major moving violations or a combination of twelve major and minor moving violations within three years.

A Hardship License is only granted to Habitual Traffic Offenders at the discretion of the Massachusetts Registry of Motor Vehicles.  In order to qualify for a Hardship License after having been found to be a Habitual Traffic Offender you must meet certain criteria.  Once you meet this criteria you can have a hearing at the Registry of Motor Vehicles. You have the right to have a lawyer represent you at your hearing. 

HABITUAL TRAFFIC OFFENDER CRITERIA:

  • NO evidence of operation since the effective date of the revocation.
  • You must serve ONE year of the revocation.
  • All other revocation periods have been COMPLETED (the only exception if you are applying for a Hardship License after multiple HTO revocations and you have not had any NEW incidents since the original revocation date).
  • You must complete a National Safety Council Driver Retraining Course.
  • You must have documentation of a legitimate hardship. 
  • You will be required to have an Ignition Interlock Device installed if you have completed an OUI revocation while the HTO revocation has been in effect.
  • You may be required to have an Ignition Interlock Device installed if you have two or more OUI's on your driving record.
  • You may be required to have an Ignition Interlock Device if your license was never reinstated after a revocation for OUI, and you have two or more OUI's on your record.

You have the right to have an attorney at all Registry Hearings and all hearings before the Registry's Board of Appeals.  You need an attorney that knows how to handle license suspensions and revocations, and hearings before the Registry.  My firm has the experience to successfully  handle your hearing, call 617-934-0272 or email me at jessica@jessicafoleylaw.com to schedule a consultation.

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