Massachusetts Driving Laws

Junior Operators and Speeding.

A question that has come up a lot in my practice recently is whether or not a Junior Operator's license will be suspended for a moving violation that is not speeding.  

The answer, after a lot of research, basically ruling out all the alternatives is that the purpose of the new Junior Operator Statute is to prevent teens from speeding.   Other moving violations, such as running a stop sign, expired inspection sticker, or failure to yield do not carry with them an immediate suspension.  

That being said, moving violations add up quickly, and should always be appealed.  

For more information on Junior Operator Penalties in Massachusetts, please see: Junior Operators

If you are a junior operator, or the parent or guardian of a junior operator, and you get a moving violation, you should consult with an attorney to save your license (even if you think you can't win) and your insurance surcharge points.  Call Jessica Foley at 617-934-0272 or email me at jessica@jessicafoleylaw.com.  I'm an experienced driving lawyer and can help you win your case!

Speeding in Massachusetts

What's the big deal?  "It's just a speeding ticket."  "I would rather just pay the fine." Have you heard these statements, said them yourself?

Section 17 of Chapter 90 of the General Laws of Massachusetts defines speed limits as:   No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public. 

It is the consequences of Speed Limits, that lead many to loss of Safe Driver Points, heavy fines, and license suspensions.  Junior Operators fare the worst in that paying ONE speeding fine results in a 90 day license suspension.  This makes it difficult if not impossible for teenagers to drive themselves to school, sporting events and jobs! A license suspension usually means loss of income.  An income loss does not mix with increased insurance premiums.  You will bring home less income and have to pay more to operate your motor vehicle!

If you are cited for speeding and/or other traffic violations, time is of the essence, you must appeal your ticket.  You increase your chances of success if you have a lawyer who knows the system represent you at all phases of the appeal!  Our phones lines our open 24 hours a day, and we represent individuals for all court hearings, Registry Hearings, and Registry of Motor Vehicle Board of Appeal Hearings.  We fight for you!  Email or call 617-934-0272 to set up an appointment to fight your ticket and save you money!

Junior Operators

Massachusetts has recently enhanced the penalties for speeding and for Junior Operators receiving any motor vehicle citation.

JUNIOR OPERATORS FACE A LICENSE SUSPENSION FOR EVERY SPEEDING TICKET.

EVERY parent and junior operator should be aware of the license loss they face under Massachusetts drunk driving laws AND for other moving violations including speeding, operating with other passengers in the motor vehicle, or operating during night restriction (12 a.m. to 5 a.m.). EVERY junior operator has a right to appeal any citation they receive and they should appeal and hire a lawyer familiar with these appeals.

DON’T ARGUE WITH THE POLICE OFFICER. DON’T RELY ON INTERNET QUICK FIXES. IN MASSACHUSETTS CLERK MAGISTRATES OF EACH COURT HEAR TICKET APPEALS AND THE RIGHT ATTORNEY CAN MAKE THE DIFFERENCE FOR YOU AND YOUR FAMILY!

The tables below should assist you and every teen should be aware of these penalties BEFORE they get pulled over by the police. Knowledge and prevention beats hiring a lawyer every day.

Junior Operator speeding (in addition to fines):

• 1st offense: 90 day license suspension; plus $500 to reinstate license; plus completion of registry program that encourages attitudinal changes; plus completion of the state courts against road rage program; plus $50 reinstatement surcharge; plus must retake and successfully complete driving test

• 2nd offense: 1 year suspension; plus $500 to reinstate; plus completion of registry program that encourages attitudinal changes; plus completion of the state courts against road rage program; plus $50 reinstatement surcharge; plus must retake and successfully complete driving test

Permit Holder speeding (in addition to fines):

• 1st offense: 90 day license suspension; plus $500 to reinstate license; plus completion of registry program that encourages attitudinal changes; plus completion of the state courts against road rage program; plus $50 reinstatement surcharge; plus must retake and successfully complete driving test

• 2nd offense: 1 year suspension; plus $500 to reinstate; plus completion of registry program that encourages attitudinal changes; plus completion of the state courts against road rage program; plus $50 reinstatement surcharge; plus must retake and successfully complete driving test

Driving with other passengers in first six months :

• 1st offense: $35 fine; plus 60 day license suspension

• 2nd offense: $35 - $75 fine; plus 180 day suspension; plus completion of registry program that encourages attitudinal changes

• 3rd offense: $75 - $150 fine; plus 1 year suspension; plus completion of registry program that encourages attitudinal changes

Junior Operator Driving between midnight and 5 am :

• 1st offense: $100 - $1,000 fine; plus 60 day license suspension

• 2nd offense: $100 - $1,000 fine; plus 180 day license suspension; plus completion of registry program that encourages attitudinal changes

• 3rd offense: $100 - $1,000 fine; plus 1 year license suspension; plus completion of registry program that encourages attitudinal changes

Permit Holder driving without an adult or between midnight and 5 am:

• 1st offense: $100 - $1,000 fine; plus 60 day learner’s permit suspension

• 2nd offense: $100 - $1,000 fine; plus 180 day learner’s permit suspension; plus completion of registry program that encourages attitudinal changes

• 3rd offense: $100 - $1,000 fine; plus 1 year learner’s permit suspension; plus completion of registry program that encourages attitudinal changes

Junior Operator drag racing:

• 1st offense: $250; plus 1 year license suspension; plus $500 to reinstate license; plus completion of the state courts against road rage program

• 2nd offense: $500; plus 3 years license suspension; plus $1000 to reinstate; plus completion of the state courts against road rage program

Junior Operator operating recklessly or negligently (in addition to fines):

• 1st offense: 180 day license suspension

• 2nd offense: 1 year license suspension, if it occurs within 3 year period of first offense.

For more information email me at jessica@jessicafoleylaw.com or call 617-934-0272.

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 617-934-0272 or email me at jessica@jessicafoleylaw.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 617-934-0272 or email me at jessica@jessicafoleylaw.com.

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 617-934-0272 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

Teen driving deaths reduced following new Junior Operator Law Implementation

The Junior Operator law in Massachusetts is getting attention.  It is getting attention for a few reasons, one because it is very strict and two because the number of teen driving deaths in Massachusetts was lower in 2007 than in 2006.   

According to the Registrar of the Massachusetts Registry of Motor Vehicles, Anne Collins, the intent of the new junior operator law was to reduce speeding and send a message that there is zero tolerance for teen speeding.  The Registrar was interviewed by Magdalene Perez, a Staff Writer for the Hartford Courant because Connecticut is looking at the success of Massachusetts' approach of keeping teen and other drivers safe on the road.

The Massachusetts law is harsh.  There is no question about it.  One speeding ticket and a junior operator is without his or her license for 90 days.  It impacts the teen as well as parents.  Parents can find themselves once again being a 'car service', because they must drive their teen to school, work, sports and other activities.  It was also increase their insurance premiums (which are already high from the new driver).  Hardship licenses are not easy to obtain in these circumstances.  The only way to avoid a responsible finding on a driving record is to start fighting the ticket right away and request a hearing.  The cost of appealing and even the cost of hiring an attorney is generally less than the cost to the family in surcharges, lost wages and time. 

The law is tough - but there is very good news, fatal crashes in Massachusetts fell from 27 in 2006 to 17 last year.  So maybe drivers are getting the message and the fear of being without the new found freedom that comes with a drivers license is causing young drivers to think twice before speeding.

If you or your child is a junior operator and has received a citation for speeding, hire an attorney to fight for you.  I can be reached at 617-934-0272 or at send me an email.

For more information see:

Slamming Brakes on Teens, Success of Bay State's Get-Touch Policy On Teen Driving Inspires Connecticut.

How do our cell phone laws compare?

Cell phones and driving have been in the news in Massachusetts quite a bit lately.  That is because there is yet another bill pending to limit (and in some cases ban) how we can use our cell phones when driving. 

How do other states handle this issue of legislating common sense?  (Which, given the fact that people actually receive and write texts while driving, might be a good idea).  Currently, in Massachusetts, each town or city has the authority to ban cell phone use while driving within their city or town.  Interestingly enough, the only town that has actually enacted an ordinance to prohibit talking on a cell phone while driving is Brookline.  This means if you live or work or travel through Brookline, you had better stop talking or get a hands free device. 

Currently, the only people who are not allowed to use cell phones while they are driving in Massachusetts are school bus drivers.  According to the Insurance Institute for Highway Safety Massachusetts joins Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Georgia, Illinois, Kentucky, New Jersey, Rhode Island, and Tennessee.  If you are counting that leaves 38 states that allow school bus drivers to talk on a cell phone while they are driving kids around! 

Only 6 states have statewide bans on talking on a hand-held cell phone while driving: California, Connecticut, New Jersey, New York, Utah, Washington.  The District of Columbia also has a ban.  Of these states, the only state that only Washington and New Jersey have explicit text messaging bans.

Massachusetts is on the leading edge of this new law.  Now let's wait to see if it passes through the Senate.

Cell phone vote stalled in Massachusetts Senate

The cell phone ban bill is currently somewhere between the Massachusetts House of Representatives (who approved the bill) and the Massachusetts Senate. As of today, there is no clear date set for a hearing before the Senators.  However, the potential law and its penalties are becoming a hot topic of discussion around here.  Yesterday, The Hingham Journal, had an article, an editorial and a spread of reader comments on the impact of the bill on the citizens of Massachusetts. 

I'm quoted in the article, Jury out on cell phone ban.  I'm glad the potential ban is getting more and more publicity as it is an important issue.  I remember my grandfather saying that you could always tell when someone was lighting a pipe when they were driving because the car would either slow down or veer off the road. I often think of him now when I see someone who is clearly answering there phone, or distracted by the conversation.  They also veer off the road and slow down.  I think people talking on cell phones would really upset Grandpa.

The most important thing is to use your common sense when you are driving, it can save your life - and the life of the unsuspecting pedestrian!  Also, if you don't drive erratically, you are much less likely to get pulled over by police officers - and that in itself can save you a lot of headaches!

Some of the reasons for Junior Operator Restrictions

Junior Operator restrictions were not imposed just because a bunch of lawmakers thought "how can I make life more difficult for teenagers?".  The lawmakers were trying to figure out how to save lives. 

Young drivers are more likely to get into car accidents than their adult counterparts. 

According to the Massachusetts Registry of Motor Vehicles:

• 32% of 16 year old drivers in Massachusetts will be in a serious car accident.
• 17% of 17 year old drivers in Massachusetts will be in a serious car accident.
• 13% of 18 year old drivers in Massachusetts will be in a serious car accident.

The numbers speak for themselves.  Even more scary, is the fact that drivers under the age of 21 have an increased risk of being killed in a crash while drinking and driving.  These numbers are according to the National Highway Safety Counsel, and are nationwide statistics: 

• 13% of 16 year old drivers who were killed in a car accident were legally drunk.
• 18% of 17 year old drivers who were killed in a car accident were legally drunk.
• 27% of 18 year old drivers who were killed in a car accident were legally drunk.

The best prevention is preparation and education.