Mass RMV Attorney

550 Cochituate Rd., Suite 25
Framingham, MA 01701
508-302-0212 (fax)



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


Mass RMV Attorney

161 Worcester Rd., Suite 200

Framingham, MA 01701


508-302-0212 (fax)








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Massachusetts Habitual Traffic Offender


In January of 2006, a new Safe Driver Insurance Plan (SDIP) when into effect in Massachusetts. Under this plan, insurance companies use "at-fault" or "surchargable" accidents & traffic violations to determine a surcharge or discount “factor” to be applied to Massachusetts insurance policies when a policy is initially written or renewed. 

Our RMV Appeal Attorneys are knowledgeable about the SDIP, contact them with any question you may have.

Massachusetts Surcharge System Definitions

At Fault Accident: An accident involving a vehicle subject to the SDIP wherein the involved operator was more than 50% at fault, as determined by the application of the standards of fault of the Board of Appeal.

Minor Accident: A claims payment of more than $500, exclusive of any deductible, under Collision, Property Damage Liability or Bodily Injury. (3 Points)

Major Accident: A claims payment of more than $2,00.00, exclusive of any deductible, under Collision, Property Damage Liability or Bodily Injury. (4 Points)

Minor Moving Violation: Most routine motor vehicle offenses including speeding, failure to stay within marked lanes, equipment violations, etc.. (3 Points)

Major Moving Violation: Driving to Endanger or Reckless Driving, OUI Liquor or drugs, OUI - causing Serious Bodily Injury, Operating after Revocation of License, Operating after Suspension of Drivers License, Vehicular Homicide, Leaving Scene of Accident after Injuring a Person, Leaving Scene of Accident after Damaging Property, Leaving Scene of Personal Injury and Death, Refusing to Stop for a Police Officer. (5 Points)

Surcharges & your Massachusetts Drivers License

Surchargable Events (traffic violations & at fault accidents) can result in the suspension of your Massachusetts License under the following circumstances:

5 Surchargable Events Within 3 years

When a Massachusetts driver has had 5 surchargeable incidents within the past 3 years, the Mass. Registry will require the driver to participate in and complete a driver education program. If the driver fails to provide to the Registry proof of completion of the driver education program within 90 days after the Registry mails to the driver notice of the requirement, the RMV will suspend the driver’s license or right to operate a motor vehicle in Massachusetts Registry of Motor Vehicles receives proof of completion of the driver education program.

7 Surchargable Events Within 3 years

When a Massachusetts Driver has accumulated 7 Surchargable Events (at-fault accidents or convictions of moving violations of motor vehicle laws, including traffic tickets, & assignments to a 90-24D Driver Alcohol Education Program) during any 3 year period, the Massachusetts Registry will suspend the driver's license or right to operate a motor vehicle in Massachusetts for 60 days.




The Massachusetts Habitual Traffic Offender Law

A "Habitual Traffic Offender" (HTO) is a Massachusetts driver who, according to the Massachusetts Registry of Motor Vehicles, has accumulated the following convictions within a 5 year period:

(1) 3 or more convictions, singularly or in combination, of operating a motor vehicle while under the influence of intoxicating liquor or narcotic drugs; (OUI, DWI, DUI) Alcohol or Drugs.

(2) operating a motor vehicle recklessly or negligently so as to endanger;

(3) making a false statement in an application for a learner’s permit or motor vehicle operator’s license or in an application for registration of a motor vehicle;

(4) leaving the scene of a property damage or personal injury accident;

(5) operating a motor vehicle after suspension or revocation of the person’s motor vehicle operator’s license or his right to operate motor vehicles;

(6)operating a motor vehicle without a license

(7) the commission of any felony in the commission of which a motor vehicle is used; OR

(8) 12 or more convictions of offenses which are required by any provision of law to be reported to the Mass. Registry and for which the RMV is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of thirty days or more, including convictions of the offenses listed above. (Virtually all Massachusetts Traffic Offenses). 

Exception to the Massachusetts Habitual Traffic Offender Definition:  when a Massachusetts Driver who has no prior record of an automobile law violation is convicted of multiple traffic violations within a single 6 hour period, such convictions shall be treated as a single conviction.

If your Massachusetts License is Suspended because of Traffic Violations or other Surchargable Events, you are entitled to a Hearing before a Registry of Motor Vehicles Hearing Officer. You are also entitled to take your case to 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.