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Massachusetts RMV Lawyer

161 Worcester Rd., Suite 200
Framingham, MA 01701
508-881-1119
508-302-0212 (fax)
E-MAIL:
ATTORNEY@RMVAPPEAL.COM

 







 

Hardship License, RMV Appeal, suspension, DWI, DUI, OUI, work license, ignition interlock device

 

 

 

 

 

 

 

 

Massachusetts Registry Lawyer




161 Worcester Rd., Suite 200
 

Framingham, MA 01701
 

508-881-1119
 

508-302-0212 (fax)
 

E-MAIL:

ATTORNEY@RMVAPPEAL.COM

Our dedicated staff of RMV Appeal  Attorneys will work hard to get you back on the road LEGALLY.

With the harsh consequences associated with Operating After Suspension / Revocation, why drive on a suspended or revoked license when you may be able to get a Hardship License or a full license reinstatement?

 

 

 

 

 

 

 

 

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OUT OF STATE VIOLATION, NDR, MASS. RMV

OUT OF STATE VIOLATIONS AND YOUR MASSACHUSETTS DRIVERS LICENSE

The Massachusetts Registry of Motor Vehicles will run your name and other identifiers through the National Driver Register (NDR) when you apply for a new license, renewal, or license reinstatement. The NDR is a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or drugs. The RMV / DMV in each state record license suspensions, revocations, and traffic violations in this national database. You may be denied a Massachusetts License because of the NDR.
 

How the NDR Works

All 50 States and the District of Columbia participate in the NDR. The system is also referred to as the Problem Driver Pointer System (PDPS). The NDR is the central means of communication between the Massachusetts RMV and the RMV / DMVs of other states.

Suppose you were convicted of OUI/DUI ("Drunk Driving") in New Hampshire. Through the NDR, the New Hampshire DMV would notify the Massachusetts RMV and the Registrar would treat the New Hampshire OUI as if it occurred in Massachusetts. Your Massachusetts License would be suspended based on the New Hampshire OUI. The Massachusetts Registry would count the New Hampshire OUI even if the case was plead to a "lesser offense."

An out of state conviction of a motor vehicle violation (e.g. DUI) must be given same effect in Massachusetts as if violation had occurred here. If the suspension provided by Massachusetts law is longer than suspension imposed by the other state, the longer Massachusetts suspension will supersede the shorter out of state suspension. If, on the other hand, the out of state suspension is longer, that suspension will supersede the Massachusetts License Suspension. This is undoubtedly a harsh and unfair result.

Out of state violations are governed by G.L. c. 90 § 22(c), which provides in relevant part as follows:

If the registrar receives official notice...that a resident of the commonwealth or any person licensed to operate a motor vehicle under the provisions of this chapter has been convicted in another state or country of a motor vehicle violation, the registrar shall give the same effect to said conviction for the purposes of suspension, revocation, limitation or reinstatement of the right to operate a motor vehicle, as if said violation had occurred in the commonwealth...

...If the registrar receives official notice...that a resident of the commonwealth, or any person licensed to operate a motor vehicle under the provisions of chapter 90, or any applicant therefor has had a license or right to operate suspended or revoked in another state, country or jurisdiction, the registrar shall not issue a license to said person, and if a license has already been issued the registrar shall immediately revoke said license, without a prior hearing. However, if said license or right to operate is subsequently reinstated by such other state, country or jurisdiction, the person may apply to the registrar for reinstatement of said license in the commonwealth.

 

 

 

Obtaining your NDR Record

The National Driver Register (NDR) contains only a listing of names and related identification, provided by State driver licensing officials, of those drivers whose driver licenses have been cancelled, denied, revoked, or suspended or who have been convicted of certain serious traffic violations. The NDR does not contain a list of any other drivers. If you have not had a driver license cancelled, denied, revoked, or suspended or have not been convicted of serious traffic violations, you would not be listed in the NDR. Every individual is entitled, however, to request a check of the NDR records to determine whether they appear on the NDR file. The NDR will respond to every valid NDR inquiry. Click here to download the NDR Record Request Form.

How to Request your NDR Record

Any person may ask to know whether there is an NDR record on him or her and may obtain a copy of the record if one exists. That is the purpose for form NDR-PRV. Complete the form, have your signature (or your mark as witnessed) notarized, and mail the completed form to the National Driver Register at: 400 7th Street, SW., Room 6124A (NPO-124), Washington, DC 20590-0001. The NDR response will be mailed to the mailing address shown, but incomplete or illegible inquiries will not be processed. All inquiries will be acknowledged if a return address is readable. Forms that are not notarized will not be processed.

What to Expect from the NDR

The NDR will respond to every valid inquiry including requests that produce no record(s) on the NDR file. When records are located, details of the probable identification results will be returned to you and will contain all information listed in the NDR records, if any, on you. The reply will also indicate any disclosures (reports to others) previously made by the NDR and will specify whom, if anyone has received reports on you.

If your Massachusetts License is Suspended because of out of state violations, you are entitled to a Hearing before the Board of Appeal.

Our License Reinstatement Specialists may be able to help you obtain a Hardship License or overturn the license suspension entirely.

Contact one of our attorneys for a free consultation & review of your driving record.

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The information contained on this site is offered for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking professional counsel.