Habitual Traffic Offender Appeals

hto_revocationThe Massachusetts Registry of Motor Vehicles will revoke your driver’s license / right to operate a motor vehicle in Massachusetts for a period of 4 years, pursuant to G.L. c. 90 § 22F, if you are determined to be a Habitual Traffic Offender under Massachusetts law. You can be considered a Habitual Traffic Offender if you have 3 major violations such as drunk driving, operating after suspension, reckless driving, operating so as to endanger, or leaving the scene of an accident within any five (5) year period.

You can also be considered a Habitual Traffic Offender, and have your license revoked for 4 years, if you have 12 minor violations in any 5-year period. Minor violations are motor vehicle infractions such as speeding, failure to stop, improper passing, failure to stay within marked lanes, failure to yield to a pedestrian, etc… At fault accidents do not count towards Massachusetts Habitual Traffic Offender revocations.

If MassDOT has declared you to be a Habitual Traffic Offender and your license or right to drive has been revoked, you must stop operating motor vehicles until your license is reinstated. When you are eligible for reinstatement, the RMV will require you to pay a $500.00 reinstatement fee.

You have the legal right to a hearing prior to your license being revoked under the Habitual Traffic Offender law and you have the right to be represented by counsel. The Registry only holds HTO revocation hearings at the following branches: Braintree, Worcester, Springfield, Lawrence, Fall River, Wilmington and 136 Blackstone St., Boston, MA, 3rd Floor. You must appear by 11:00 A.M. should you desire a hearing.

Issues at Massachusetts HTO hearings are limited to the accuracy of your driving record or the HTO law incorrectly applied. To challenge the accuracy of your record, you must provide a certified motor vehicle abstract or finding from the court showing that the judgement is not correct. A lawyer may be able to assist you with this. The HTO hearing will not address whether you agree with the court finding. There is no requirement to attend the Registry hearing if your record is accurate and the revocation is legally valid.

The RMV will not consider you for a hardship license or early reinstatement until you have served at least one full year the four-year revocation period. When applying for a hardship license at the Registry, there must be absolutely no evidence of vehicle operation.

You can appeal Habitual Traffic Offender revocations to the Board of Appeal on Motor Vehicle Liability Policies and Bonds, which is located at 1000 Washington Street, 8th Floor, Boston, Massachusetts. A lawyer may be able to assist you with your appeal.