If you received a criminal citation for operating on a suspended license, that usually means one of 2 things: Either you made a mistake, or the Registry made a mistake.
We can often help you clear up either problem and avoid a criminal conviction.
I know having your license suspended or revoked is a major inconvenience. We often take our driving privileges for granted until they are taken away. Too often I see clients getting charged with a crime for driving on a suspended license because they thought they could get away with it “just this once.”
One time is all it takes. If you were aware that your driver’s license was under suspension, then you knew exactly what was coming when you saw the police lights in your rearview mirror. The reason for the stop could have been an expired inspection sticker or a speeding offense. You can even be stopped because of your driver’s license suspension. The police have tools that match license status and car ownership specifically based on your car license plate that was scanned and flagged by an automatical license plate reader (ALPR) police surveillance technology.
Now you are facing criminal charges of driving on a suspended license, and possible extension of that already too-long suspension, and even the (ok, very remote) chance of jail time. But, yes, the Commonwealth takes operating on a suspended license charges that seriously.
When your license is taken away, your life goes on. You still have to get to work and run errands. If you have a family, it is even more difficult as you are responsible for getting around and providing for the needs of others. Maybe you had to get to work or run your child to an appointment. Maybe your ride backed out at the last minute. Whatever the case, you’re now facing additional charges and it’s probably not helping your stress level.
There are many ways or reasons to get your license suspended.
Your license can be suspended for too many moving violations or traffic tickets. We had a client with a suspension for an unpaid toll ticket out of state.
Or you may not have been aware that your Massachusetts license was suspended. It is possible to miss notification of a suspension if it is a cumulative event for too many speeding tickets or moving violations, or for being a habitual traffic offender.
If you have an out of state license, or recently moved, you might not be aware of a license suspension at all.
Operating on a Suspended License
November 2016
Operationg After Suspension for OUI
Worcester – Dismissed
August 2016
Driving on Suspended License
Orleans – Dismissed
July 2016
Driving on Suspended License
Clinton- Dismissed
February 2016
Driving on Suspended License
Springfield – Dismissed prior to Arraignment
January 2016
Driving on Suspended License
Plymouth – Dismissed
December 2015
Driving on Suspended License
Quincy – Dismissed
Unfortunately, not knowing your license was under suspension is not a defense in itself. But we can use that to try to minimize the damage if we are unable to make this charge go away completely.
Whatever happened, whether you made a mistake, or you think the registry made a mistake, give me a call and I can help you sort it out.
Massachusetts Driving on Suspended License – Penalties
The penalty you face for driving on a suspended license depends on if this has happened before, and for what reason it was suspended.
If this is your first offense, you will face a $500 and up to 10 days in jail.
In most cases, a second and subsequent offense will lead to 60 days to 1 year in jail.
However, depending on the reason for your initial suspension, this potential sentence could be longer.
Operating After Suspension for OUI
If your license was suspended for driving under the influence (OUI/DWI), you will face a mandatory 60-day jail sentence if convicted. This is true wherever your license was suspended, and a DUI may have taken place.
We have successfully defended cases where the suspension and DUI were out of state, and avoided jail time for our client.
Ref: MGL §90.23
Revoked License
Penalties for your license being permanently revoked in Massachusetts are even more serious, particularly if the license revocation is due to a 5th offense DUI conviction. You face mandatory jail time for driving on a revoked license in most cases.
The only way to know for certain what kind of penalties you will be facing is to call me. Let’s talk about the charges against you and what led to them in the first place.
These charges can be very serious and cause even more stress than your original suspension. If your license is suspended due to a previous run -in with the courts, then it won’t get any easier if the judge thinks you disobeyed a penalty they issued.
But there are always defense options. We can come up with ways to fight this charge, protect your rights, and your freedom to drive. Contact me today to discuss your case.
