Category Archives: Out of State Suspensions

How to clear an out of state license suspension in Massachusetts

Posted by Attorney Brian E. Simoneau on March 2, 2011 3,151 comments

I often get inquiries regarding the consequences of out of state DUI convictions for Massachusetts residents. Because of the interplay between the Massachusetts DUI law and the other state’s laws, getting a hardship license or a full reinstatement in this situation can be complicated and confusing.

Here are the steps which you must follow:

First, you have to clear the out of state license suspension. This is also known as the National Driver Registry or NDR suspension. The NDR is a nationwide database of license suspension and revocation information. It allows states to exchange information regarding drivers who are suspended or revoked. The purpose of the National Driver Registry is to prevent drivers who are suspended or revoked in one state from getting a license in another state. You can clear the NDR revocation in Massachusetts by providing the following three items to the Massachusetts Registry of Motor Vehicles – all documents must be originals, on letterhead, and not more than thirty (30) days old.

You need to provide a certified copy of your driving record in the other state. You can usually request this on-line.

Then, you must provide a clearance letter from the other state’s Registry, RMV, or Department of Motor Vehicles stating that you are clear to drive again in that state.

Lastly, you must provide a certified copy of the court docket from the other state showing the charges and the result. Once you provide the above-listed three documents to the Mass. RMV, the NDR suspension will be taken off of your license.

However, the law requires the Registry to treat out of state offenses committed by Massachusetts license holders or residents as if they had occurred in Massachusetts. This means that the Registry of Motor Vehicles will penalize you for the out of state OUI as if it had occurred in Massachusetts. The same holds true for other motor vehicle violations such as driving to endanger, and driving on a suspended or revoked license. All of these offenses will trigger automatic Massachusetts license suspensions. These Massachusetts suspensions will be in addition to any suspensions or revocations imposed in the other state.

For example, if you were arrested for First Offense DWI in New Hampshire and you either had a Massachusetts license or you were a Massachusetts resident, the New Hampshire DMV will automatically notify Massachusetts that your right to drive in New Hampshire has been suspended. This electronic notification will trigger the Massachusetts RMV to automatically send a letter to you stating that your Massachusetts License will be suspended because of the New Hampshire NDR suspension.

Once you clear the suspension by providing the three documents listed above, the Massachusetts Registry of Motor Vehicles will remove the NDR suspension from your record and suspend your license for one (1) year for the New Hampshire DUI. This one year DUI suspension will be in addition to any other suspension or penalty imposed by New Hampshire.

It may be possible to reduce this one year suspension to 45 days, with the ability to get aMassachusetts Hardship License. However, in cases involving out of state DUI charges, the Massachusetts Registry will not consider any hardship license unless and until you have completed the required alcohol program. It does not matter whether you take the program in another state or here in Massachusetts. If the DUI occurred in another state, the Registry will not grant any hardship license until the program has been completed.

As you can see an out of state DUI can have very harsh consequences in Massachusetts. However, with skilled legal representation, you can increase your chances of getting a hardship license or reducing the length of your out of state DUI license suspension.

Kentucky Case May Overturn Guilty Pleas in Mass. OUI Cases

Posted by Attorney Brian E. Simoneau on March 2, 2011 782 comments

In the case of Padilla v. Kentucky, the Supreme Court will decide whether a lawyer’s failure to inform his or her client about the collateral consequences of a guilty plea, such as automatic deportation, constitutes ineffective assistance of counsel which would warrant overturning the guilty plea.

The 6th Amendment to the U.S. Constitution requires that criminal defendants receive effective assistance of counsel. A violation of this constitutional standard warrants reversal of a conviction. In Padilla v. Kentucky, the defendant’s attorney never told him that he would be automatically deported if he piled guilty to felony drug charges. Padilla got his guilty pleas vacated on appeal, because his lawyer never informed him of the automatic deportation. The prosecution appealed further and obtained a ruling from the Kentucky Supreme Court which overturned the lower court’s decision. The Supreme Court heard oral arguments last month and it will decide the case in the near future.

The Court’s ruling may have important implications in Massachusetts OUI cases. Many times a lawyer may not inform the client about license suspensions which are triggered by a guilty plea. Some of these suspensions, which are automatically triggered by a guilty plea, can last a long time. Many criminal defense lawyers, and even some DUI lawyers, are not aware of the license suspensions which can result from guilty pleas. It is therefore critical to hire a lawyer who knows not only the criminal aspect of your case, but also what will happen to your license. Many people have been given wrong information from their lawyer and unpleasantly surprised by the Mass. RMV when they try to reinstate their licenses or get a hardship license. Depending on the court’s decision, Padilla v. Kentucky may allow drivers in these situations to vacate their guilty pleas and avoid long license suspensions.

How the Mass. RMV & Board of Appeal treat NY DWAI Convictions

Posted by Attorney Brian E. Simoneau on March 2, 2011 832 comments

I routinely get questions and inquiries from Massachusetts residents who were arrested in for DUI New York and convicted the lesser offense of DWAI, which stands for driving while alcohol impaired. In New York, this is the least serious of DUI offenses and it is considered a non-criminal traffic violation, which does not result in a criminal record. In New York, a first offense DWAI results in mandatory 90 day suspension of the driver’s license or right to operate.

Numerous Massachusetts driver’s license holders have asked me how the Mass. RMV will treat a New York DWAI. This article will hopefully answer that question.

First, an out of state license suspension will generally trigger an automatic license suspension in Massachusetts under reciprocity. This means that when the Massachusetts Registry of Motor Vehicles gets notified via the National Driver Registry of an out of state suspension, a mandatory NDR suspension will be imposed. To clear this suspension you must bring 3 items to the Mass. RMV: (1) a clearance letter from the other state evidencing that you have served your time and are clear to drive in that state, (2) a certified copy of the out of state driving record, and (3) a certified copy of the out of state driving record. This will clear the indefinite NDR suspension.

However, the Massachusetts Registry of Motor Vehicles will treat the NY offense of DWAI just like aMassachusetts DUI. This is because the Massachusetts License Suspension law states that “if the registrar receives official notice…that a resident of the commonwealth or any person licensed to operate a motor vehicle under the provisions of this chapter has been convicted in another state, country or jurisdiction of a motor vehicle violation, the registrar shall give the same effect to said conviction for the purposes of suspension, revocation, limitation or reinstatement of the right to operate a motor vehicle, as if said violation had occurred in the commonwealth.” The Registry of Motor Vehicles and theRMV Board of Appeal have determined that a NY DWAI is to be treated like a Mass. DUI.

Further, the Mass. DUI law states that “like violations” committed in other jurisdictions count as Massachusetts DUI offenses for license suspension purposes. Therefore, in summary, the Registry of Motor Vehicles and the Board of Appeal will treat driving while alcohol impaired convictions just like convictions for operating under the influence of alcohol, OUI / DUI.