The Mass. Habitual Traffic Offender Law in DUI Cases
The Massachusetts Habitual Traffic Offender Law may create some surprise consequences for Mass. OUI Defendants. The HTO statute requires the Mass. RMV to suspend the license of anyone who has committed 12 minor violations, 3 major violations, or any combination thereof in any 5 year period. Minor violations include most civil motor vehicle infractions such as speeding, marked lanes violations, etc… Major violations include driving without a license, driving on a suspended license, operating under the influence of liquor or drugs, driving to endanger, making a false statement on a license, learner’s permit , or registration application, leaving the scene of an accident, or using a motor vehicle in the commission of a felony.
The Habitual Traffic Offender issue often comes up in Massachusetts DUI cases, because the driver is often charged with other offenses in addition to driving under the influence. It is critically important to consider whether any of the charges, either minor or major, will result in a 4 year habitual traffic offender license revocation if the driver is convicted. For example, if a driver is charged with OUI, leaving the scene of an accident, and driving to endanger, he will automatically be considered a habitual traffic offender if he is convicted of these charges. Judges have absolutely no discretion to with respect to these mandatory revocations. However, knocking just one charge out, or getting a disposition of anything less than a guilty, such as a continuance without a finding, will avoid a 4 year license revocation.
Every Massachusetts DUI lawyer should be mindful of the potential consequences of the habitual traffic offender law. Otherwise, a DUI client could get a very unpleasant surprise from the Registry; a 4 year loss of his or her driver’s license.
