7.1 Civil Infractions, Speeding Fines, Criminal & Out-of-State Violations

"Driving in Massachusetts is a privilege. It is not a right." That sentence opens Manual Chapter 3. The RMV keeps a driving record listing three kinds of events that can cost you your license:

1. civil motor vehicle infractions (CMVIs);
2. criminal violations;
3. at-fault crashes, where you are found more than 50 percent at fault (section 7.2).

Penalties can be stronger for drivers with a JOL, drivers under 21, repeat offenders and CDL holders. One violation can bring several penalties at once: a fine, loss of license and jail.

Civil Motor Vehicle Infractions

Civil violations, such as running a traffic signal or speeding, are noncriminal and are usually settled by paying a fine.

Your record shows responsibility if you pay by mail, if a court orders you to pay after a hearing, or if you do not respond within 20 days. The RMV records every moving violation, which can raise your insurance rates and lead to suspension. Moving violations can be paid by credit card through the Contact Center or online, or by mail to RMV Citations – Processing Center, PO Box 55890, Boston.

Parking violations are not CMVIs. The city or town that issued them handles them. Unpaid parking tickets block renewal of your license and registration (section 8.3).

Speeding Fines

The lowest speeding penalty is a $100 fine plus the $5 public safety surcharge. Above 10 mph over the limit, add $10 for each mph beyond the first ten. By law every speeding fine includes a $50 surcharge for the Head Injury Treatment Services Trust Fund, because speeding is often a factor in crashes that cause serious head injuries.

$$\text{Fine} = \text{\textdollar}105 + \text{\textdollar}10 \times (\text{mph over limit} - 10)$$

The Manual's worked example

Work zones and repeat speeding

• Speeding in a posted work zone doubles the fine.
• Three speeding violations within 12 months bring an automatic 30-day suspension. The 12-month period starts when you pay or are found responsible for the first citation.
• A Junior Operator is suspended 90 days for a first speeding offense and one year for any later one (section 8.1).

Criminal Violations

Criminal motor vehicle offenses are serious. You may be arrested immediately, your vehicle may be towed, your license taken, and you may be held in jail until court. If convicted, the court sets the fine or prison term. Examples include:

• driving with a suspended license;
• operating under the influence (OUI);
• leaving the scene of a crash.

Refusing to identify yourself

A police officer may arrest you, and you may face criminal charges, if you refuse to:

• give your name and address;
• give the name and address of the vehicle's owner;
• show your driver's license;
• show a valid registration certificate;
• sign your name in front of the officer.

Section 14.1 covers the related fines: $35 for a first failure to produce a license or registration, and $100 for refusing to give, or falsely giving, a name and address.

Out-of-State Violations

Out-of-state violations affect your Massachusetts record just as if they happened here.

• Don't ignore them. Failing to pay or appear in another jurisdiction will affect your Massachusetts license and right to operate.
• Possible consequences include immediate suspension or revocation until obligations are met, reinstatement fees, higher insurance premiums, required retraining and a mandatory suspension period.
• The RMV applies Massachusetts suspension penalties, which can be stricter than the other state's.
• To reinstate, prove the out-of-state matter is resolved and pay a reinstatement fee of at least $100.

The RMV compares the conduct the other state's law prohibits (a "like" offense). It does not matter whether that state treated the offense as civil or criminal, or penalized it more or less heavily (section 7.3).

Comparing Civil and Criminal

Working the Fine Formula With Students

Students remember the fine formula when they work it out. Use the Manual's 73-in-a-55 example, then ask for 45 in a 30 (15 over: $105 + $50 = $155) and 62 in a 55 (7 over: $105). Tie each answer to the JOL consequence: for a Junior Operator, any speeding conviction adds a 90-day suspension, a new permit exam, attitudinal retraining and a new road test.