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Massachusetts Habitual Traffic Offender Suspensions

In Massachusetts your license can be suspended for multiple traffic violations as an habitual traffic offender.

Hire an attorney and appeal the citation WHEN YOU GET IT. Call us at 617-328-6900 or see our website at: WWW.RSWEENEYLAW.COM. You can also email me at RSweeney@RSweeneylaw.com We can help and the phone call is free. Suspensions range from 30 days to LIFETIME depending on the charges.

A simple guide to the Massachusetts Habitual Traffic Offender law is as follows:

Three Speeding Tickets: Getting three speeding tickets within a 12-month period (not a calendar year) results in a mandatory 30-day suspension under MGL c.90, s.20. This 12 month period is determined based on the most recent finding/conviction date.

If you receive 3 civil infractions within 12 months you will get a 30 day suspension;

If you have 5 surcharge-able events within 3 years (this includes accidents and civil infractions) you will get a 90 day suspension. The Registry of Motor Vehicles will also make you complete a driver retraining course and your license is suspended UNTIL you complete driver retraining;

This is a statutory suspension and can only be rescinded at a hearing if you have documented proof that the offense is not yours, a court disposition was entered incorrectly, you have received a suspension notice for a civil citation for which you had requested a court hearing, or you have been approved for a Board of Appeals hearing to challenge an at-fault accident.

MGL c175, s113B mandates that a driver suspended for five surchargeable events complete an in-person (not online) Driver Retraining Program through the National Safety Council (NSC).

If you have 7 surcharge-able events in within 3 years you will get a 60 day suspension;

If another state reports an event, it will be included in the calculation.

If you are deemed an Habitual Traffic Offender your license will be suspended for 4 years. This suspension is triggered by an accumulation of a total of three major moving violations or any combination of 12 major or minor moving violations within a five year period. This period is calculated back from the most recent finding/conviction date. If another state reports an event, it will be included in the calculation. Surchargeable accidents are not part of HTO calculations.

MGL c.90, s22F mandates a four year revocation. The RMV is required by law to send a notice of suspension to the address of record. Once the suspension period is finished, you will be required to take a full driver's license exam ($30 for the learner's permit exam, $20 for the road test) and pay a $500 reinstatement fee.

Surchargeable events will not be counted if it is shown that they are presently under appeal, vacated or have been entered in error. There is no hardship license allowed by Law for this suspension.

You must complete a Driver Retraining Course within 90 days of the date of the notification you receive from the RMV to avoid suspension of your license. If you do not, your license will be suspended until you complete the course and a $100.00 reinstatement fee will be imposed.

You must complete the course each time you get a third surchargeable event within two years. It does not matter if you have already taken the course.

The Registry will mail you an Intent to Suspend Notice that allows a 90 day window to complete the course before an indefinite suspension goes into effect. Once you complete and pass the course, the NSC will electronically notify the Registry. If the course is taken before the 90 days, the suspension will not go into effect. However, if the course is not completed within 90 days, the suspension will take effect. It will remain in effect indefinitely, or until the course is successfully completed. If the suspension does take effect, there will be a $100 reinstatement fee due.

Suspension actions taken on Three Surchargeable Events, Five Surchargeable Events, Seven Surchargeable Events, and Habitual Traffic Offenders are independent of one another. A driver will be subject to the conditions of each suspension or revocation type independent of any other suspensions or revocations that have been served or are currently active. For example, if you receive a suspension for three speeding violations and one for Seven Surchargeable Events, you will serve 30 days for the speeding suspension and an additional 60 days for the & Seven Surchargeable suspension.

An experienced attorney can assist you and help save your license or get you a “Cinderella” or 12 hour license that enable you to get back and forth to work, school or other important places. The EASIEST way to stop this from happening is to APPEAL THE CITATION WHEN YOU RECEIVE IT! We can assist you in the appeal, even if you are wrong, and prevent the license suspension. It is cheaper to have an attorney assist you in fighting the ticket than it is to have one help you at the Registry Board Of Appeals.

Call us at 617-328-6900 or see our website at: WWW.RSWEENEYLAW.COM. You can also email me at MAIL@RSweeneylaw.com We can help and the phone call is free.

See below for a list of minor surchargeable Traffic law violations courtesy of the Mass Division of Insurance

Safe Driver Insurance Plan
List of Minor Surchargeable Traffic Law Violations

211 CMR: DIVISION OF INSURANCE

A

Accident, hit and run

M.G.L. c. 90, § 24

Alleys and driveways, emerging from, must stop

720 CMR 9.06(20)

Allowing vehicle to stand unattended, motor running

M.G.L. c. 90, § 13

Anything on or in vehicle or on person interferes with operation

M.G.L. c. 90, § 13

Attempting a speed record

M.G.L. c. 90, § 13

B

Backing and U-turns prohibited

730 CMR 7.08(17)(b)

Backing up for missed ramp

720 CMR 9.08(3)
730 CMR 7.08(17)(b)

Blind pedestrians, must stop for

M.G.L. c. 90, § 14A

Blow horn when necessary

720 CMR 9.06(15)

Brakes, inadequate

730 CMR 7.05(5)(g)

Brakes, operating without

M.G.L. c. 90, § 7

Bridges, speed law

M.G.L. c. 85, § 20

C

Careless operation - construction zone

730 CMR 7.08(12)(c)

Careless or negligent operation

730 CMR 7.08(5)(a)

Channelizing island, no driving on

720 CMR 9.06(22)

Coasting

730 CMR 7.08(16)

Crossing solid pavement markings

730 CMR 7.08(8)

Crosswalk, motor vehicle not to enter if car will block

M.G.L. c. 89, § 11

Crosswalk, operator yield to pedestrian

M.G.L. c. 89, § 11

Cutting in after passing

720 CMR 9.06(3)

D

Deploying unauthorized sign

730 CMR 7.08(1)(a)

Directional signals, devices required

M.G.L. c. 90, § 7

Directional signals, hand or mechanical required for lane change

M.G.L. c. 90, § 14B

Drag racing, speeding

M.G.L. c. 90, § 17B

Driving in "breakdown lane"

M.G.L. c. 89, § 4B

Driving within eight feet of street car stopped for passengers

M.G.L. c. 90, § 14

E

Emergency vehicles, right of way

M.G.L. c. 89, § 7

Entry into excluded area - construction zone

730 CMR 7.08(12)(b)

Entry into restricted area - general

730 CMR 7.08(11)(a)

Entry into restricted area - left lane restrictions

730 CMR 7.08(11)(b)

Exhibit another license

M.G.L. c. 90, § 23

F

Failure to ascertain if it is safe to change lanes

M.G.L. c. 89, § 4A

Failure to comply with orders

730 CMR 7.08(1)(b)

Failure to keep to the right when turning right

M.G.L. c. 90, § 14
350 CMR 4.01(4)
720 CMR 9.06(16)
730 CMR 7.08(17)(c)

Failure to keep to the far left when turning on a one/two way street

M.G.L. c. 90, § 14

Failure to fasten a trailer to a tow vehicle with proper safety chains

M.G.L. c. 90, § 7

Failure to give proper stopping or turning signals

M.G.L. c. 90, § 14
350 CMR 4.01(4)
730 CMR 7.08(17)(c)

Failure to keep in right lane

M.G.L. c. 89, § 4B
350 CMR 4.01(4)
720 CMR 9.06(16)
730 CMR 7.08(13)(a) (b)

Failure to keep to right when view is obstructed up to 400 feet

M.G.L. c. 89, § 4
720 CMR 9.06(16)

Failure to obey sign

730 CMR 7.08(1)(a)

Failure to obey traffic control signal

730 CMR 7.08(2)

Failure to see that movement can be made in safety before starting, stopping, turning or backing up

720 CMR 9.06(9)

Failure to stop at sign or signal at intersection

M.G.L. c. 89, § 9

Failure to stop at toll booth

730 CMR 7.03(2)

Failure to use care in stopping or turning - hand signals

730 CMR 7.08(17)(c)

Failure to use child restraint

M.G.L. c. 90, § 7AA

Fire apparatus, driving within 300 feet if going to a fire

M.G.L. c. 89, § 7A

Fire apparatus, failing to pull to right and stop

M.G.L. c. 89, § 7A

Fire Department, interfering with

M.G.L. c. 89, § 7A

Flashing red traffic signal, failure to stop

M.G.L. c. 89, § 9
730 CMR 7.08(2)

Following too closely

720 CMR 9.06(7)
730 CMR 7.08(15)

G, H

Hand signals, failure to give

M.G.L. c. 90, § 14B
350 CMR 4.01(4)

Headlights, dimming from high beam

M.G.L. c. 90, § 31
540 CMR 22.00
730 CMR 7.08(22)(b)

Headlights, one half hour after sunset

M.G.L. c. 90, § 7

Headlights, improper use of

730 CMR 7.08(22)(a) & (b)

Headphones, wearing while operating

M.G.L. c. 90, § 13

Height, operating vehicle when elevated or lowered

M.G.L. c. 90, § 7P

Hit and run, person injured

M.G.L. c. 90, § 24

Hit and run, property damage

M.G.L. c. 90, § 24

Horn, improper use of

730 CMR 7.08(21)

Horn, operating without

M.G.L. c. 90, § 7

Horn, sound when necessary

720 CMR 9.06(15)

I

Ignition key, remove from unattended vehicle

M.G.L. c. 90, § 13

Improper entry to a way

730 CMR 7.08(7)

Improper passing

M.G.L. c. 89, § 1

Improper use of cutouts

730 CMR 7.08(20)

Inadequate equipment (brakes, directional signals, lights or safety devices)

730 CMR 7.08(27)

Inspection sticker, failure to display

M.G.L. c. 90, § 20
730 CMR 7.08(26)

Inspection sticker, operating without

M.G.L. c. 90, § 7A
M.G.L. c. 90, § 20
730 CMR 7.08(26)

Interfering with sign

730 CMR 7.08(1)(a)

Intersecting way, slow down when approaching

M.G.L. c. 90, § 14

J, K

Junior operator's license, operating in violation of

M.G.L. c. 90, § 8

Keeping to the right when overtaking another vehicle

730 CMR 7.08(13) (a) & (b)

L

Lane, marked, no straddling

720 CMR 9.06(1)

Learner's permit, motorcycle, violation of

M.G.L. c. 90, § 8B

Learner's permit, operating in violation of

M.G.L. c. 90, § 8B

License, Class 1-2-3

M.G.L. c. 90, § 8A
540 CMR 2.06

License, operating when not properly licensed

M.G.L. c. 90, § 10

License, violation of restriction

M.G.L. c. 90, § 8

Lights, operating motor vehicle with improper lights

M.G.L. c. 90, §§ 7 & 16

Liquor, operation of motor vehicle containing alcoholic beverage, minor (under age 21)

M.G.L. c. 138, § 34C

M

Making a turn from the wrong lane of traffic

M.G.L. c. 90, § 14

Making a right turn on a red light where prohibited

M.G.L. c. 89, § 8

Meeting other vehicles, exercise due care when

M.G.L. c. 89, § 1

Minimum separation

730 CMR 7.06(5)(f)4.
730 CMR 7.06(6)(e)4.

Mirrors and reflectors, operating without proper

M.G.L. c. 90, § 7

Motorcycle, operating without proper equipment, lights and headgear

M.G.L. c. 90, § 7

Motorcycle, no more than two abreast

M.G.L. c. 89, § 4A

Motorcycle, no passenger unless machine so designed

M.G.L. c. 90, § 13

Motorcycle, single file when passing

M.G.L. c. 89, § 4A

N

Negligent loading

730 CMR 7.08(5)(b)

Negligently operating

M.G.L. c. 90, § 24
730 CMR 7.08(5)(a)

No stopping

730 CMR 7.06(5)(f)5.
730 CMR 7.06(6)(e)5.

Not reasonably to right for vehicle approaching from the opposite direction

M.G.L. c. 89, § 1

Noise, offensive, unreasonable (squealing tires)

M.G.L. c. 90, § 16

Not slowing down and keeping right of center on approaching intersection or corner where view is obstructed

M.G.L. c. 90, § 14

Not yielding to oncoming vehicles when making a left turn

M.G.L. c. 90, § 14

O

Obstructing emergency vehicle

M.G.L. c. 89, § 7

One way street

M.G.L. c. 89, § 10
720 CMR 9.05(1) (2)
730 CMR 7.05(1)

One way street, left turn from

M.G.L. c. 90, § 14

Operating after suspension or revocation of registration

M.G.L. c. 90, § 23

Operating, at crosswalk yield to pedestrian

720 CMR 9.06(27)

Operating, being overtaken, must not increase speed

720 CMR 9.06(5)
730 CMR 7.08(14)

Operating on a bet or wager

M.G.L. c. 90, § 24

Operating car not properly registered

M.G.L. c. 90, § 9

Operating, disobeying sign, signal or marker

350 CMR 4.01(1) (7)
720 CMR 9.06(10), (11), (12), & (17)
720 CMR 9.07(4)
730 CMR 7.08(1)(a)

Operating, don't enter intersection or crosswalk unless crossing can be completed

720 CMR 9.06(6)(b)

Operating, don't obstruct movement of traffic

720 CMR 9.06(6)(a)

Operating, don't pass unless safe

720 CMR 9.06(3) (4)
730 CMR 7.08(14)

Operating, funerals and processions

720 CMR 9.06(24)
M.G.L. c. 272, § 42

Operating in violation of license restrictions

M.G.L. c. 90, § 8

Operating, men & equipment in highway

720 CMR 9.06(25)

Operating at speed greater than reasonable or proper

M.G.L. c. 90, § 17

Operating, marked lanes staying within

720 CMR 9.06(1)

Operating, motorcycle without permanent seat

M.G.L. c. 90, § 13

Operating motor vehicle without liability policy

M.G.L. c. 90, § 34J

Operating, no driving on sidewalks

720 CMR 9.06(19)
M.G.L. c. 89, § 1

Operating, obey traffic signs, signals, markings

M.G.L. c. 90, § 18
350 CMR 4.01(1) (7)
720 CMR 9.06(10), (11), (12), & (17)
720 CMR 9.07(4)
730 CMR 7.08(1)(a)
730 CMR 7.08(2)

Operating on road surface closed to travel due to construction or repair

720 CMR 9.06(18)

Operating, obey yield signs

720 CMR 9.06(14)

Operating on ways divided into lanes

M.G.L. c. 89, § 4A

Operating through peephole in snow on windshield

M.G.L. c. 90, § 13

Operating truck or bus, using passing lane where signs prohibit

720 CMR 9.08(5)

Operating, turning where signs prohibit

720 CMR 9.06(21)

Operating, U-turn contrary to sign

720 CMR 9.06(22)

Operating unregistered car

M.G.L. c. 90, § 9

Operating, use right lane

720 CMR 9.06(2)

Operating without proper mirrors and reflectors

M.G.L. c. 90, § 7

Operator not to obstruct passing vehicle

M.G.L. c. 89, § 2,

730 CMR 7.08(14)

P, Q

Parking lights

M.G.L. c. 90, § 7

Passing a vehicle stopped for a pedestrian in a crosswalk

M.G.L. c. 89, § 1
350 CMR 4.01(8)

Passing bicycles, slow down

M.G.L. c. 90, § 14

Passing, care in passing another vehicle

730 CMR 7.08(14)

Passing, commercial vehicles, excess 2 ½ tons (except busses) use right lane pass in adjacent lane

M.G.L. c. 89, § 4C

Passing, don't obstruct passer

M.G.L. c. 89, § 2

Passing horses, use care

M.G.L. c. 90, § 14

Passing on right, unless vehicle being passed is (a) making a left turn, (b) on one way street, (c) on a divided highway

M.G.L. c. 89, § 2

Passing school bus when flashers are on

M.G.L. c. 90, § 14

Passing vehicle forbidden if view is obstructed for less than 400 feet

M.G.L. c. 89, § 4

Pedestrian, failing to exercise due care to avoid colliding with

720 CMR 9.06(28)

350 CMR 4.01(8)

Pedestrian, must slow down for

M.G.L. c. 90, § 14
350 CMR 4.01(8)

Permitting Operation by a person who has no legal right

M.G.L. c. 90, § 12

Procession, following vehicle ahead as closely as is practical and safe

720 CMR 9.06(24)

R

Racing

M.G.L. c. 90, § 24

Railroad crossing, failure to slow down

M.G.L. c. 90, § 15

Railroad crossing, failure to stop while lights are flashing or gate lowered

M.G.L. c. 90, § 15

Rear lights, must have

M.G.L. c. 85, § 15

Rear lights, operating without

M.G.L. c. 90, § 7

Red flag or light, rear of load

M.G.L. c. 90, § 7

Red flashing signal, stop

M.G.L. c. 89, § 9
730 CMR 7.08(2)

Right of way, fire engines, patrol wagons, ambulances

M.G.L. c. 89, § 7

Right of way, failure to yield to an approaching vehicle

720 CMR 9.06(14)

Right of way, pedestrian in a crosswalk

M.G.L. c. 89, § 11

S

Safety glass, operating or permitting operation without

M.G.L. c. 90, § 9A

School bus, driver's responsibilities

M.G.L. c. 90, § 7B

School bus, railroad crossing, must stop and open door

M.G.L. c. 90, § 15

School bus, speed limited

M.G.L. c. 90, § 17

School zone, speed limit

M.G.L. c. 90, § 17

Siren law

M.G.L. c. 90, § 16

Slow down to pass pedestrian

M.G.L. c. 90, § 14

Slow moving vehicles, keep right on upgrade

M.G.L. c. 89, § 4

Slow moving vehicles, keep 200 feet apart

720 CMR 9.06(8)

Space between vehicles

730 CMR 7.08(15)

Speed at railroad crossings

M.G.L. c. 90, § 15

Speed, bridges

M.G.L. c. 85, § 20

Speed, certain vehicles to operate five m.p.h. below speed posted

M.G.L. c. 90, § 17

Speed, decrease for special hazards (pedestrians, traffic, weather)

M.G.L. c. 90, § 17

Speed, excess speed - construction zone

730 CMR 7.08(12)(a)

Speed, failure to regulate when men and equipment are on road

M.G.L. c. 90,§ 17

Speed, faster than posted

M.G.L. c. 90, § 17
M.G.L. c. 90, § 18
350 CMR 4.01(2)
730 CMR 7.08(6)(c)

Speed, greater than reasonable and proper

M.G.L. c. 90, § 17
730 CMR 7.08(6)(a)

Speed limit 15 m.p.h. near vehicle peddling merchandise, when flashing lights

M.G.L. c. 90, § 17

Speed limits, thickly settled district, school zone

M.G.L. c. 90, § 17

Speed, maximum speed

730 CMR 7.08(6)(c)

Speed, minimum speed

730 CMR 7.08(6)(c)

Speed, operating at dangerous speed

730 CMR 7.08(6)(b)

Speed, reasonable and proper

730 CMR 7.08(6)(a)

Speed, special regulations

M.G.L. c. 90, § 18

Speed, school bus

M.G.L. c. 90, § 17

Stolen car, operating

M.G.L. c. 90, § 24

Stop before passing school bus

M.G.L. c. 90, § 14

Stop sign, failure to completely stop

720 CMR 9.06(13)

Stop signs

M.G.L. c. 89, § 9

Stopping, standing, or parking

730 CMR 7.08(17)(a)

Street car, care in passing

M.G.L. c. 90, § 14

Street car, eight foot stopping law

M.G.L. c. 90, § 14

T

Tailgating

720 CMR 9.06(7)

Television in operator's view

M.G.L. c. 90, § 13

Throughways, right of way

M.G.L. c. 89, § 9

Tires too wide

M.G.L. c. 90, § 19

Traffic, refusing to comply with lawful order of police officer when directing

720 CMR 9.07(3)
350 CMR 4.01(6)
730 CMR 7.08(1)(b)

Traffic control lights, failure to obey

720 CMR 9.06(10)
730 CMR 7.08(2)

Traffic signals, flashing red is same as stop sign

M.G.L. c. 89, § 9

Tread depth, tires

M.G.L. c. 90, § 7Q
540 CMR 4.04

Turning where signs prohibit

720 CMR 9.06(23)

Turning improperly

M.G.L. c. 90, § 14

U

Unauthorized entry or exit from a way

730 CMR 7.05(3)

Unauthorized or dangerous crossing of median or other area

730 CMR 7.08(10)(a)

Unauthorized use of breakdown lane

730 CMR 7.08(9)

Unauthorized use of cross-over

730 CMR 7.08(10)(b)

Unlawful speed on County Bridge

M.G.L. c. 85, § 20

Unattended vehicle, stop engine, set brakes, remove key from switch and from vehicle

M.G.L. c. 90, § 13

U-turn where signs prohibit

720 CMR 9.06(26)

V

Vehicles excluded area, operating or permitting one's vehicle to be operated where posted

M.G.L. c. 90, § 16
350 CMR 4.01(10)

Violation of Department of Highways rule or regulation or by-laws relative to signs, lights, signal systems, traffic devices markings

M.G.L. c. 85, § 2

Violation of left lane exclusion of heavy vehicles

M.G.L. c. 89, § 4C

Violation of right of way at intersecting ways

M.G.L. c. 89, § 8

Violation of gubernatorial by-laws on ways of the Commonwealth

M.G.L. c. 85, § 23

W, X

Wrong direction in Sumner, Callahan, or Ted Williams Tunnel

730 CMR 7.05(2)

Wrong way travel

730 CMR 7.05(1)

Y, Z

"Yield sign," failure to surrender to oncoming traffic, stop if necessary

720 CMR 9.06(14)

All Out-of-state Minor Traffic Violations which can be classified in any one of the above categories shall be counted as Minor Traffic Violations for the purposes of 211 CMR 134.00.

ADDITIONAL MINOR TRAFFIC VIOLATIONS
FOR INCIDENTS THAT OCCUR ON OR AFTER JANUARY 1, 2006

Employ unlicensed operator

M.G.L. c. 90, § 12(a)

MAJOR TRAFFIC VIOLATIONS

Driving to endanger or reckless driving

M.G.L. c. 90, § 24

Leaving Scene of Accident after Injuring a Person

M.G.L. c. 90, § 24

Leaving Scene of Accident after Injuring a Property

M.G.L. c. 90, § 24

Leaving Scene of Personal Injury and Death

M.G.L. c. 90, § 24

Liquor and narcotics, operating under the influence of (including assignment to a driver alcohol education program or controlled substance treatment or rehabilitation program under M.G.L. c. 90, § 24D)

M.G.L. c. 90, § 24

Liquor and Narcotics, operating under the influence of and reckless operation causing serious injury

M.G.L. c. 90, § 24L

Operating after revocation of license

M.G.L. c. 90, § 23

Operating after Suspension of Drivers License

M.G.L. c. 90, § 23

Refusing to Stop for Officer

M.G.L. c. 90, § 25

Vehicular homicide

M.G.L. c. 90, § 24G

Manslaughter (only if by Motor Vehicle)

M.G.L. c. 265, § 13

Out-of-state incidents to be counted as Major Violations:

  • Operating under the influence of liquor and/or narcotics, (including assignment to a driver alcohol education program)
  • Vehicular homicide

ADDITIONAL MAJOR TRAFFIC VIOLATIONS
FOR INCIDENTS THAT OCCUR ON OR AFTER OCTOBER 28, 2005

OUI while license suspended for OUI

M.G.L. c. 90, § 23

Child endangerment while OUI

M.G.L. c. 90, § 24V

Manslaughter while OUI

M.G.L. c. 265, § 13 ½

ADDITIONAL MAJOR TRAFFIC VIOLATIONS
FOR INCIDENTS THAT OCCUR ON OR AFTER JANUARY 1, 2006

Permit unlicensed suspended operation of MV

M.G.L. c. 90, § 12(b)

Permit operation without ignition interlock

M.G.L. c. 90, § 12(c)

Operate without ignition interlock

M.G.L. c. 90, § 24S(a)

Tamper with ignition interlock

M.G.L. c. 90, § 24T(a)

Bypass ignition interlock for another

M.G.L. c. 90, § 24U(a)(1)

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