The Massachusetts RMV vs. the Courts
There is a great deal of confusion and misinformation surrounding Massachusetts license suspensions which are triggered by convictions for DUI and other motor vehicle law violations such as negligent operation, operating to endanger, driving an uninsured motor vehicle, leaving the scene of an accident, and operating after suspension or revocation.
The unknowing may wrongly decide to plead out a DUI or other criminal case based on a mistaken belief that the Mass. RMV will treat the offense in the same way as the court does. For example, if someone has 3 prior OUI convictions or program assignments from anywhere in the world, at anytime in his or her life, the Registry will revoke the person’s license for 10 years upon conviction of the 4th offense DUI. It does not matter whether or not the court reduced the charge to a first offense or the prosecution was unable to prove the prior offenses. So long as the individual has prior convictions or alcohol program assignments, which are the same as convictions, the license will be automatically revoked by operation of law.
Some people understand that Registry action is separate from the court’s treatment of a DUI conviction, but they believe that “the Registry can do whatever it wants.” This is also not true. The Registry has absolutely no discretion and it must follow the law. DUI license suspensions are, for the most part, statutory, mandatory, and automatic. In most cases, the Registry has little to no discretion and it must follow the law. Of course, there are legal disputes regarding what the law says and how it applies to a particular situation.
While some people plead not when they should not, because they do not understand the consequences of their plea, others may take a Massachusetts criminal case to trial when they could plead and avoid a conviction which would trigger an automatic license suspension. For example, agreeing to a continuance without a finding for the charge of operating to endanger or leaving the scene of an accident, will avoid a mandatory license suspension as well as a possible 4 year revocation under the Massachusetts habitual traffic offender law.
Decisions in DUI or other criminal cases should be made after consulting with a qualified and skilled Massachusetts DUI Lawyer or suspended license attorney who thoroughly understands the laws and procedures. A careful review and analysis of your driving and criminal records is imperative to making the right decision and avoiding an unpleasant surprise in the form of an unanticipated license revocation.
Many clients who tried to “represent themselves” or have relied on the advice of incompetent lawyers are now serving long license suspensions, which they did not predict or bargain for. These suspensions could have been avoided, in most cases, by good lawyering and proper handling of the case.
