Think Twice Before Paying that Traffic Ticket
I am writing this post because of the high number of clients who have had their licenses suspended because they made an uninformed decision regarding the payment of a citation or pleading out to a criminal offense such as OUI, drug violations, driving on a suspended license, and operating to endanger. These motorists were unpleasantly surprised by sharp insurance premium increase and license suspensions as a result of their decisions.
Unbeknownst to most Massachusetts drivers, getting a speeding ticket or another surchargable moving violation can have unforeseen and severe consequences. Violations are reported to the Massachusetts Merit Rating Board, which maintains a database of speeding citations, traffic citations, and other motor vehicle related offenses such as OUI convictions. Courts also report drug offenses to the Mass. Merit Rating Board, whether they are motor vehicle related or not.
When a motorist pays a Massachusetts Uniform Citation (traffic ticket), he or she is admitting responsibility. This means that the Mass. RMV can count the violation against the motorist for insurance and license suspension or revocation purposes. Payment of a citation is an admission of “guilt” and it cuts off the right to appeal. It is, therefore, not possible to contest, challenge, or appeal a speeding ticket or other traffic citation once it is paid. Neither the Registry of Motor Vehicles nor the Massachusetts courts will accept these appeals.
To appeal a citation, you must check off “box 2” on the back of the citation and mail it to the Massachusetts Registry of Motor Vehicles using the envelope provided. The Mass. RMV will then notify the district court having jurisdiction over the location where the motor vehicle violation allegedly occurred. You will be notified by mail of the hearing date. In most cases, your hearing cannot be rescheduled and, in all cases, you must appear in person. Hiring a lawyer to represent you does not excuse you from personally appearing.
Consequences of a traffic violation can include: a 30 day suspension for getting 3 speeding tickets in any 12 month period, an indefinite suspension for getting 5 surchargable events within any 3 year period (this requires taking the NSC Driver Re-Training Class to avoid a suspension), 7 surchargable events within any 3 year period (this triggers an automatic 60 day suspension), or a 4 year Massachusetts Habitual Traffic Offender for getting 12 minor violations, certain major violations, or any combination thereof.
Additionally, convictions for DUI, driving on a suspended license, driving to endanger, and driving an uninsured motor vehicle will result in automatic license suspensions. These violations are among the 64 ways to lose your Massachusetts Drivers License.
It is a complete misconception and falsity that the Massachusetts Registry of Motor Vehicles is bound by anything that a court does with respect to the counting of prior convictions or sentencing. The Mass. RMV follows Massachusetts License Suspension Laws which dictate that certain convictions, guilty pleas, breathalyzer refusals, and alcohol program assignments automatically trigger certain license suspensions. No judge can overrule, override, or supersede these laws. Massachusetts courts and judges only have jurisdiction over breathalyzer refusal suspensions if the individual is found not guilty of OUI or the alcohol related charges are dismissed. In all over cases, excepting administrative appeals from Mass. RMV or Board of Appeal decisions, Massachusetts courts have no jurisdiction over license suspensions.
When deciding whether or not to appeal a citation or “plead out” to a criminal motor vehicle offense such as driving on a suspended license, it is critical to consider the consequences. You cannot depend on the police, court, judge, or prosecutor to inform you of these consequences. Many lawyers who do not understand the complex laws governing license suspensions also do not understand the consequences which a plea, conviction, or citation payment can trigger. The decision of whether or not to pay a citation or plea bargain a case should only be made after a thorough review of your criminal and driving record by a qualified attorney; anything short of this may result in an unpleasant surprise in the form of a substantial increase of your automobile insurance premium or, worse, a license suspension or revocation.
