Massachusetts Driving Laws

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.

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.

What happens at a Clerk's Hearing for a Speeding Ticket?

The time has come, you have gotten a speeding ticket (or a citation for some other civil moving violation), you mailed in the ticket, you got a notice for the date, and now it's game time.

Who is going to be there?

• Clerk Magistrate
• A Police Officer
• you (and your lawyer if you hire one to represent you)
• Any other witnesses

Is the officer who issued you the citation going to be there?  No, probably not.  All that is required under Massachusetts Law is that a representative from the police department be present.  The officer who gave you the ticket does not need to appear.

The officer will only go by the information that he received from his colleague who pulled you over and that is all he or she needs. 

The officer makes his or her case.

The Clerk Magistrate decides what to do about the citation.  Sometimes they will not issue the citation, sometimes they will reduce the fine and issue the citation, and sometimes they will issue the citation.

Does hiring an attorney to represent you help?

Yes, often it does (although nothing in is a guarantee) An attorney can advocate on your behalf.  Hiring an attorney to represent you at a Clerk's Hearing, is usually cheaper in the long run.  If the citation issues you will have surcharge points added to your driving record, and your insurance will increase 5% for each point!  This can get expensive.  (See Automobile Insurance Surcharges)

If you are not satisfied with the result of the Clerk's Hearing, you can appeal to a Judge.  At this hearing it is required that the police officer who issued the citation appear and give testimony.

For more information on Automobile Insurance Surcharges see:

Automobile Insurance Surcharges

Safe Driver Insurance Plan

A Warning instead of a Speeding Ticket?

    Recently, the The Boston Globe, published an article: Warning! When it comes to traffic tickets, it matters where you get stopped. by Ralph Ranalli and Manny Veiga.  The authors investigated whether drivers are more likely to get warnings or ticketed for moving violations in approximately 21 local cities and towns.  Turns out, according to their research, that in many towns you are just as likely to get a warning as a ticket for a moving violation. 

    Needham, Dover, Wellesley, Southborough, Lincoln and Newton all reported more warnings then citations.  There is certainly advice on how to avoid a speeding ticket: crying, begging, being polite.  (see also Stopped by a Police Officer?)

    According to to the investigation conducted by the reporters of The Boston Globe, the police actually have discretion as to whether or not they give out a citation.  If the incident involves threats to the public safety - even if your driving record is clean - you are likely to get cited.  If you are going 5 mph over a speed limit, you will probably get a warning. 

   The officers said that warnings work - and that's why they use them.  On the other hand, if you have been given 20 warnings - it's likely you are going to get a ticket.

For more information see:

Warning! When it comes to traffic tickets, it matters where you get stopped (The Boston Globe, March 31, 2008, by Ralph Ranalli and Manny Veiga)

Some Towns Give out More Warnings

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 617-328-6900 or at jfoley@sullivanandsweeney.com.

For more information see:

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

Some towns give out more warnings

I have always wondered, why when I'm in court, there seem to be more people appealing tickets from certain towns.  Is it because some towns give out more tickets?  Or is it because tickets appeals are scheduled by town for certain days?  Ticket appeals before a clerk are definitely organized by town - because there is no requirement that the police officer who issued you the citation appear before the Clerk Magistrate. All that is required is that a representative from the Police Department represent the Police Department at the hearing.  However, when there are ticket appeals before a Judge some towns are more represented than others.  Police Officers are required to appear for appeals to a Judge.

Recently, The Boston Globe, did a study on warnings versus tickets for towns around Boston.  The study found, that in fact, some towns do hand out warnings more readily than others.  For example, if you are stopped while traveling through Duxbury, Mattapoisett or Quincy, you are much more likely to get a warning than if you are stopped in Avon, Freetown, Hull, Marshfield or Milton.  How does your town compare?  See the graph published by The Boston Globe depicting where you are most likely to get a ticket versus a warning. 

Of course, the Globe Reporters who wrote the article, followed up with some of the police chiefs in local towns.  There answers as to why some towns gave out more tickets than warnings and vice versa varied.  Marshfield's Police Chief, William Sullivan, stated that the records might not reflect actual traffic stops by his officers, and that the data may be incomplete, because they may give drivers verbal warnings.  Duxbury Police Chief, Mark DeLuca stated that the purpose of traffic stops is to educate drivers, and if the officers believe that the driver got the message, they are more likely to get a written warning.  For more information see Getting a Speeding Ticket, in this Sunday's Boston Globe. Manny Veiga and Matt Carroll did a great job exploring the 'speeding ticket' culture around Boston.

If you were not lucky enough to get a warning, and instead got a speeding ticket, you should consider hiring a lawyer to fight the ticket for you.  The surcharge on your insurance will end up costing you a lot more than hiring an attorney.  The new license laws are tough, especially for junior operators.

One speeding ticket and a junior operator's license will be suspended.

If you would like more information please feel free to email me or call my office at 617-328-6900 to set up a consultation.

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.

Traffic Stop Safety Tips for Women

Most of the time, if you are getting stopped by a police officer, the person stopping  you is actually a police officer.  You see the lights, hear the sirens, you are being pulled over!  Are there really people who pretend to be cops just to prey on unsuspecting motorists?  How can you be sure?  How can you make  yourself feel safe?  Recently, the National Motorist Association published some tips for women (although they apply to everyone).

1. If you honestly weren't speeding, didn't run a light, or commit another traffic infraction, be wary if out of the blue and for no reason you can think of a flashing light appears behind you.
2. Your "threat level" should go up a notch if the car doesn't look right.  Trust your gut.
3. Your "threat level" should go up a notice if the police officer doesn't look right.  He or she isn't in uniform.  He or she appears unkempt.  He or she asks you strange questions.  He or she doesn't pass the 'gut check'. 
4. If you are stopped, you can ask to see the officer's identification.  If the Police Officer is legitimate he or she will be happy to show it to you.
5. If you are nervous or uncomfortable (and not just because you don't want a ticket), keep your doors locked and your windows up, but put your car in park and turn your engine off.  If you are nervous, explain to the police officer why you are nervous.  If he or she is legitimate, he or she should be understanding.
6. Take a good look at the photograph, does it match the officer standing in your window?  Does he or she flash it to quickly for you to see?  Can you read a badge number?  Can you read his or her name on the badge?
7. If you are uneasy, and the police officer is in plain clothes and in an unmarked cruiser, you can ask that another car be dispatched to the scene.  This might annoy the police officer, but it is better to be safe! 
8. You can call 911 and ask the operator if the person pulling you over is a real police officer. If he or she is they might be annoyed, but if he or she ISN'T you may have just saved your life.
9. If you are in the worst case scenario (a weird non-cop has pulled you over) drive immediately to a well-lighted and very public area as quickly as possible. Draw as much attention to yourself as possible.  Use common sense.  Drive quickly but don't go racing through a neighborhood at 100 mph.  Call your friends or 911 and give them as much information you can about the car that has stopped you.   You  might get a ticket, but it is better to trust your intuition and be wrong than to ignore and well be . . . .   You can deal with the ticket later.
10. Be prepared to defend yourself.

If you have received a legitimate ticket from a police officer and want to know your options, call me at 617-328-6900 or email for a consultation.  Phone calls are accepted 24 hours a day.

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 617-328-6900 or jfoley@sullivanandsweeney.com to schedule a consultation.

Licenses are a Privilege

Having your driver's license suspended is not something that most people think about until they get a notice from the Registry of Motor Vehicles.   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 617-328-6900 (PHONE LINES ARE OPEN 24 HOURS A DAY) OR EMAIL ME AT JFOLEY@SULLIVANANDSWEENEY.COM