Losing your driver’s license can have far-reaching consequences. It can negatively affect your ability to work, go to school or take care of your family. If your driver’s license (also known as your “right to operate”) has been suspended, it is important to understand your rights with the Registry of Motor Vehicles and in the courts. There may be options available to get you back on the road. Sam Zaganjori is a Woburn R.M.V. attorney that represents clients who are fighting license suspensions. If your license has been suspended, revoked, restricted or you have received notice of a pending suspension, contact Attorney Zaganjori today.Massachusetts Suspended License
In Massachusetts, it is a crime to drive with a suspended license. It is an arrestable offense that typically requires the accused to appear in front of a judge or at a clerk-magistrate’s hearing. It is important to understand that a license suspension must be taken seriously. If you have received notice of a pending suspension, you should contact a Massachusetts R.M.V. attorney to see if the license suspension can be avoided before it happens.
If your license has already been suspended, you will likely have to seek reinstatement from the R.M.V. In some cases, this may be as easy as paying overdue tickets or other fees. In many cases it is more complicated. For example, the R.M.V. can suspend someone’s license if they are a “habitual traffic offender” which means that the person has been involved in a certain number of moving violations. In that case, it is crucial to take a close look at the person’s driving record to determine if they are in fact a habitual traffic offender or to see if there are other defenses to the suspension. Another type of suspension is for someone who is deemed an “immediate threat.” Again, you have the right to challenge this type of suspension. A Massachusetts RMV attorney will advise you of your rights and recommend the best course of action.
To challenge a license suspension, denial of a hardship license or to seek reinstatement, a person typically must appear in front of a hearings officer at the R.M.V. If the request is denied, the case can be appealed to the R.M.V. Board of Appeal. If that is unsuccessful, you may even have the right to appeal to the Massachusetts Superior Court. Attorney Sam Zaganjori is a Woburn RMV Attorney who will work with you throughout the process and do everything possible to get your license back.OUI License Suspensions
Being charged with an OUI can have a major impact on a person’s right to operate a motor vehicle in Massachusetts.
Breath Test Refusal
The Massachusetts “Implied Consent” law means that if you are lawfully under arrest for OUI, then you have consented to taking a breathalyzer test or a blood test to determine your blood alcohol content. A refusal to take the test can result in a license suspension of no less than 180 days. For anyone with a prior OUI conviction (or a continuation without a finding) the suspension will be even more severe. If someone’s license is suspended because of a breath test refusal, that person will not be eligible for a hardship license during that period.
A qualified Massachusetts RMV attorney will look closely at the circumstances of the alleged breath test refusal to see if there is a defense to the suspension. It may be that there is a medical exemption or a health condition that interferes with the person’s ability to take the test. It may be that the officer did not give the person a fair chance to take the test or did not properly advise him of his rights.
If the suspension is unavoidable, it is important to understand that an OUI defendant can immediately ask the trial court to reinstate his license if he is found not guilty at trial. Attorney Zaganjori is a Woburn OUI attorney who will file a motion to reinstate your license as quickly as possible.
Court-Ordered License Suspension
When someone admits to sufficient facts or pleads guilty to operating under the influence, the court will impose a period of license suspension. This is a separate suspension from any previous suspension for a breath test refusal or a breath test failure. The court-ordered period of suspension is very serious. If a person is caught driving when his license has been suspended for an OUI conviction (or CWOF), he will be subject to a mandatory 60-day house of correction sentence (and possibly longer).
The length of a court-ordered OUI suspension can vary, depending on whether the person has had a prior OUI case. For first-time offenders who are willing to complete an alcohol education program, the license suspension is for a period of 45 to 90 days. For repeat offenders, the license suspension is more severe:
- Second Offense: 2 years
- Third Offense: 8 years
- Fourth Offense: 10 years
- Fifth or Higher Offense: Lifetime license suspension
Massachusetts Hardship Licenses
Under certain circumstances, Massachusetts law allows for a hardship license (also known as a “Cinderella” license). A hardship license allows someone with a suspended license to drive during certain times of day for work or other RMV-approved purposes. If a client is placed on probation for an OUI and receives a court-ordered license suspension, he can quickly apply for a hardship license with the RMV. Attorney Zaganjori will aggressively represent the client at the RMV and work hard to obtain a hardship license for the client.Fight for Your License with a Massachusetts RMV Attorney
Sam Zaganjori will fight for you to get your license back. If the RMV has wrongly suspended your license or denied you a hardship license, he will represent you before the hearings officer, the RMV Board of Appeals and the Superior Court.
If your license is suspended because of old OUI convictions, he will take a close look at the prior convictions to see if there is a way to challenge them, including filing a motion for a new trial.Call an Aggressive License Reinstatement Attorney
Attorney Sam Zaganjori is a Woburn RMV lawyer. He represents clients throughout eastern Massachusetts. He offers a free consultation. He will take the time to honestly explain your options with regard to getting your driver’s license back. He will explain the process and the best course of action. Call today at 781-496-2848.