HABITUAL TRAFFIC OFFENDERS

A person is classified as a HTO if they have accumulated any combination of 12 moving violation or three convictions on major offenses (generally any criminal moving violation) within five years incurs a four year suspension. It is important to note that accident surcharges are not included under this category. You must serve a minimum of one year on this type of suspension and must complete a remedial driver’s course within three years of the date of suspension. Chances are the person already completed the course as part of their 5 surcharge event suspension if that occurred.

If a person had no driving history in the past five years and is found guilty of three major offenses, this will not trigger a habitual traffic offender notice. However, if that same person pick up so much as a speeding ticket within the time period it can trigger a habitual traffic offender notice.

SURCHARGABLE EVENTS

Other suspension that may occur as a result of 5 or 7 surcharges within 3 years. Surchargable accidents are included in this category as well as any continuance without a finding.

5 surcharge events will require the completion of a remedial driving course.

7 surcharge events will incur a 60 days license loss and completion of a remedial driving course.

LICENSE FRAUD

Under G.L. 138, § 34B, really any form of altering, using, loaning or distributing a fake identification may result in a suspension. If a youth is convicted of this crime it will result in a one year license suspension. There is also a possibility of an additional 6 month suspension after an RMV apart from any conviction suspension. A favorable disposition in court does not preclude the imposition of a 6 month license suspension. Important to know is that the Registry may impose more than one 6 month suspension if a person is caught with more than 1 fake identification.

James M. Milligan
Attorney At Law
80 Washington Square, Bldg J. Norwell, MA 02061
(866) 768-5297
www.massrmvattorney.com