Massachusetts Driving Laws

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.

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.   

Do you need a lawyer if you are arrested?

A question I get a lot, is "Do I really need a lawyer?  Can't I just handle this myself?"

Well, what if you broke your wrist?  Would you set it yourself? Having a broken wrist that doesn't heal properly, probably won't kill you (disclaimer: I am in no way a doctor and am not saying that it couldn't kill you). It would be better if you had a knowledgeable doctor (probably not a neurosurgeon or psychiatrist) to examine the x-ray, and monitor the healing process.  I use the doctor analogy because I would have no idea what to do if I broke a bone (besides call a knowledgeable professional).

If you get arrested, you need someone who knows the system to guide you through it and advocate on your behalf.  You need a criminal defense lawyer, not an Estate or Real Estate lawyer. 

What will a lawyer do for you if you are arrested for drunk driving?

• Advise you on the process, from telling you where to stand or sit when you are in court, to explaining the court process from arraignment, through pre-trial, motions sessions and bench or jury trial.
• Talk to the Assistant District Attorney or the Police Prosecutor.
• Gather the evidence.
• Review the evidence against you and determine if there are valid motions to dismiss or suppress.
• If you take a Breath Test, your lawyer can determine if the machine was operating properly.
• Most importantly a lawyer Will make sure that your rights are protected!

I'm familiar with the local Massachusetts courts, it's not new to me even though it is often a very new and intimidating process for my clients.  Most people (including lawyers) only set foot in the local court house when they have jury duty.  If you have been charged with a criminal driving offense in Massachusetts, first - do not speak to the police, and if you have already, don't speak to them anymore, second, call me at 617-328-6900 or email me for a consultation.

Drunk Driving?

How does a prosecutor begin to prove that you were driving drunk (i.e. operating a motor vehicle under the influence of an intoxicating liquor)?

In Massachusetts, the Commonwealth has to prove the following:

1. That you were operating a motor vehicle and
2. That you were operating a motor vehicle on a public way and

You were operating with a Blood Alcohol level of .08** or greater

OR

1. That you were operating a motor vehicle and
2. That you were operating a motor vehicle on a public way and
3. You were operating a motor vehicle while while under the influence of alcohol and your ability to safely operate a motor vehicle safely was diminished by the consumption of an intoxicating beverage.

The first two elements are relatively straight forward and necessary to prove someone guilty of drunk driving.  If the Commonwealth doesn't prove Operation or Operation on a Public Way, you must be found not guilty.  For example, if you are standing beside your car and there are 3 other people also standing there, they have to prove that you were operating the car.  They also have to prove that you were driving in a place that is a public way.  If they cannot prove all three elements you must be found not guilty!

In order to prove that you have a Blood Alcohol of .08 greater, the Commonwealth must introduce proper records and they must introduce them as evidence properly.

The other way, proving that you your operation was impaired takes into consideration field sobriety tests, observations of the arresting officer, observations of your driving, observations at booking, your appearance, your attitude, and pretty much anything else you can think of that might give someone the impression that you are under the influence of alcohol and that your ability to safely operate a motor vehicle is impaired.

If you have been charged with OUI, you should consult with an attorney.  Call me at 617-328-6900 or email me for a consultation! 

** If you are under 21, the Commonwealth only needs to prove that your Blood Alcohol was .02 or higher.

Massachusetts Drunk Driving Laws

What if you are charged with OUI (i.e. drunk driving, DWI, DUI) in Massachusetts?  Well, first of all, it depends on whether or not you have been convicted of drunk driving previously.  It doesn't matter if you were convicted OR admitted to sufficient facts (i.e. a continuation without a finding) in Massachusetts or  in another state.

First, if you have never been found guilty or admitted to sufficient facts, you will most likely receive a first offender disposition (if you are found guilty - or if you admit to sufficient facts).

The following information does not take into consideration penalties for breath test/chemical test refusals.

First Offense - Statutory Disposition

• Fine of not less than $500, and not more than $5,000 and 1 year license loss or imprisonment in a House of Correction (jail) for not more than 2 and 1/2 years and 1 year license loss.
• Fine of not less than $500, and not more than $5,000 and imprisonment not more than 2 and 1/2 years, and 1 year license loss.

First Offense - Alternative Disposition (M.G.L. c. 90 s. 24D)

• Two years probation, and
• Entry into an approved OUI program (a 24D program) and
• Pay all program costs and assessments and
• License loss of 45 - 90 days.

Second Offense - Statutory Disposition

• Fine of not less than $600 and not more than $10,000 and
• Imprisonment for not less than 60 days and not more than 2 1/2  years, you must serve a minimum mandatory of 30 days and
• Two year license loss and
• Assessments and fees.

Second Offense - Alternative Disposition

• Mandatory in-patient treatment for 14 days at a residential alcohol treatment facility with aftercare, and
• Two years probation, and
• Two years license loss, and
• Program costs and assessments

Third Offense

• Fine of not less than $1000 and not more than $15,000, and
• Imprisonment for not less than 180 days and not more than 2 1/2 years in a House of Correction, or Imprisonment from 2 1/2 to 5 years in State Prison, and
• Minimum Mandatory 150 days imprisonment, and
• 8 year license loss, and
• Assessments and fees

Fourth Offense

• Fine of not less than $1500 and not more than $25000, and
• Imprisonment of not less than 2 - 2 1/2 years in the House of Correction or not less than 2 1/2 to 5 years in State Prison, and
• 10  year license loss, and
• Assessments and fees.

Fifth Offense or more

• Fine of not less than $2000 and not more than $50,000, and
• Imprisonment of 2 and 1/2 years in the House of Correction or Imprisonment of not less than 2 1/2 years and not more than 5 years in State Prison, and
• Minimum Mandatory 24 months imprisonment,  and
• Lifetime license loss.

Junior Operators face different penalties and different standards of proof.

If you have been charged with an OUI in Massachusetts, please call me at 617-328-6900 or email me for a consultation. 

For more information see:

Massachusetts General Laws

Melanie's Law

Drag Racing penalties are harsh!

If you are an adult driver in Massachusetts, and you are charged with drag racing, you now face much more serious penalties then you did prior to February 26, 2008. 

Prior to the new law individuals charged with drag racing faced the following penalties:

Adults

• 1st offense: $100-$500 dollar fine and a 30 day license suspension.
• 2nd and subsequent offenses:  $200-$1000 dollar fine and a 60 day license suspension.

Junior Operators

• 1st offense: $250; plus 1 year license suspension; plus $500 to reinstate license; plus completion of the state courts against road rage program.
• 2nd and subsequent offenses:$500; plus 3 years license suspension; plus $1000 to reinstate; plus completion of the state courts against road rage program.

Interestingly, the new law does not address junior operators, but non-junior operators.  The new law, that is currently in effect is:

• 1st offense:fine of not more than $1000 or imprisonment up to 2/12 years in a House of Correction, a license suspension of at least 30 days.
• 2nd offense: fine of not more than $1000 or imprisonment up to 2/12 years in a House of Correction, a license suspension of at least 180 days.

If you have been accused wrongfully (or not), a lawyer can help you protect your rights, and fight the case!

If you have been charged with drag racing in Massachusetts, call me at 617-328-6900 or email me to set up a consultation.  When you call, ask for Attorney Jessica Foley.

For more information see:

Massachusetts General Law, c. 90, s.17B

Massachusetts Law Updates