“Habitual Traffic Offender“
If a driver is convicted of three or more serious motor vehicle offenses within a five-year period he may be deemed a habitual traffic offender (HTO). See M.G.L. 90, § 22F.
The predicate offenses include:
- Operating under the influence of drugs or alcohol;
- Reckless or negligent operation of a motor vehicle;
- Making false statements on permit, license, or registration applications;
- Leaving the scene of an accident;
- Driving with a suspended or revoked license;
- Driving without being licensed;
- Using a motor vehicle in the commission of a felony;
In rare cases when a driver has no prior motor vehicle convictions and he is charged with three or more of the listed offenses within a six-hour period, the HTO designation may not be imposed.
HTO Hearing
Within six months of the driver’s third motor vehicle conviction, the RMV shall hold a hearing “to show cause why such person should not be designated as a habitual traffic offender.” The RMV must send notice of the hearing to the driver at least 20 days in advance. At the hearing, the driver may contest any or all of the alleged convictions.
HTO License Revocation
If, after the hearing, the driver is deemed a habitual traffic offender, his license will be revoked for four years. The driver must also complete a driver improvement course and pass whatever “competence to operate” test the RMV deems appropriate. A driver in full compliance may apply for a hardship license after the first year of his license revocation.