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  1. #1
    Join Date
    Sep 2013
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    24

    Default License Reinstatement from Court and RMV Suspension

    My question involves criminal law for the state of: Massachusetts

    If I get my license reinstated after the RMV-imposed suspension, it costs $500. The court may also suspend my license, which then I'd have to pay another $500 when that suspension is up. I can't get in contact with my attorney right now, so I was wondering if anyone had an answer to the following question:

    If I don't get my license reinstated, get a court-imposed suspension, will it end up costing me $1,000 for a reinstatement? My understanding is that if I wait, I'd only have to pay the reinstatement fee one time.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: License Reinstatement from Court and RMV Suspension

    The double charge would be because, under the scenario you describe, you would be reinstating your license on two separate occasions. I don't see anything that would indicate that you would have to pay both fees to reinstate your license at the end of both periods of suspension.

  3. #3
    Join Date
    Sep 2013
    Posts
    24

    Default Re: License Reinstatement from Court and RMV Suspension

    My lawyer had to double check with his partners. I can't blame him, it's a DUI case. It's elementary stuff. He's recently graduated > 2 years ago, so he needs to build up his credibility. I'd assume just leave it suspended and reinstate it at the end of both suspensions. In my scenario, he's going to get me a CWOF under Massachusetts law. Basically, it will be dismissed if I stay out of trouble. My initial thought is don't reinstate my license, because then I'd only be responsible for one reinstatement fee (court suspension). I have no need to drive, as I learned to get by without it the past 30 days. If I reinstated it, the court would suspend it for 45 days, then I'd have to pay another $500. Thanks for the input, though!

  4. #4
    Join Date
    Nov 2009
    Location
    Framingham, Massachusetts, United States
    Posts
    116

    Default Re: License Reinstatement from Court and RMV Suspension

    The registrar's license reinstatement fee schedule is set forth in G.L. c. 90, 33. The statute provides for a $500.00 reinstatement fee for the 30 day administrative per se suspension as well as a $500.00 reinstatement fee for the 45 day OUI suspension, which is imposed pursuant to 90 24D. There is no provision in the law to excuse the requirement to pay the reinstatement fee on a suspension once it expires. Although you're reinstating your license on one occasion, you're reinstating on 2 suspensions; a 30 day suspension for failing the breath test plus a 45 day suspension for admitting to "sufficient facts" for an OUI conviction. Just because a suspension expires, that doesn't mean that you don't have to pay the reinstatement fee whenever you decide to reinstate. Your license status would be SUS/RXP (suspended, reinstatement pending payment) until you paid the reinstatement fees on both suspensions. Basically, instead of paying $1,000.00 when both suspensions are complete, you'd be paying $500.00 after 30 days and another $500.00 after the 45 day suspension is complete.

    All this being said, there's a very slim chance that a sympathetic hearings officer might waive the admin. per se reinstatement fee and only charge you the 24D reinstatement fee, but you certainly cannot count on this. Finally, although the 1st offense OUI will be "dismissed," pursuant to 90 24D, it will count against you as a prior DUI offense if you get arrested for DUI again.

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