Beware the lawyer who only does half his homework and claims to be a success when you are acquitted on all criminal charges and found responsible of two minor civil infractions.  An experience OUI lawyer will always review a client’s complete driving history as a conviction for any criminal motor vehicle violation or civil infraction could trigger a suspension as a Habitual Traffic Offender.  Suddenly, your big success has landed you with a four year suspension without warning or recourse.

Massachusetts General Laws Chapter 90 Section 22F defines the Habitual Traffic Offender as the following:

Anyone who within a five year period (1) has three or more convictions (singularly or in combination) for OUI, Operating Negligently or Recklessly, making a false statement on an RMV application, leaving the scene of property damage or personal injury, operating with a suspended or revoked license; operating without a license or the commission of any felony involving a motor vehicle; or (2) twelve or more convictions or offenses required to be reported to the RMV for which the RMV is required or authorized to suspend or revoke the person’s license for 30 days or more.

There is an exception created for a person with no prior record of automobile violations who is convicted of multiple offenses within a six hour period.  In this instance, all violations are considered a single offense.  This exception is for the unfortunate person who spoils a perfect driving record with one “bad night out” and gets the OUI, Negligent Operation, Leaving the Scene and Speeding violations in one arrest. 

Otherwise, the penalty is a four year suspension with an opportunity to beg for a “hardship license” after one year.  If and when the RMV lets you drive again, it will only be after you have copleted a driver improvement course and passed a driving test. 

Therefore, if you are aware that you have a history of any type of driving infractions, regardless of what type or how old, let your lawyer know or your may be one of the soldiers who wins the battle but losses the war.