by Attorney Brian E. Simoneau
7. November 2010 23:00
In Massachusetts, Melanie’s Law increases the penalties for more than just drunk driving. Under Melanie’s Law, it is a crime to knowingly employ or allow someone who has a suspended or revoked driver’s license to drive your vehicle, regardless of why their license is suspended. A conviction of allowing an improper person to operate can result in the suspension of your own driver’s license or motor vehicle registration. Melanie’s law also makes it a crime for the owner of a motor vehicle to knowingly permit it operated by a person who was unlicensed.
Because of this law, everyone should think twice before lending their vehicle to someone. This law was enacted to prevent individuals whose licenses are suspended or revoked for drunk driving, being a habitual traffic offender, immediate threat, 7 surchargeable events, drug convictions, or any one of approximately 65 license suspension reasons from being able to borrow a friend of family member’s vehicle. The law was also designed to prevent unlicensed individuals from borrowing vehicles and to prevent employers from hiring individuals with suspended or revoked licenses for positions which require driving a company-owned vehicle.
Prior to the enactment of Melanie’s Law, allowing an improper person to operate was a civil motor vehicle infraction which only resulted in the imposition of a fine. Now, it is a criminal offense which carries a sentence of up to one year in the house of correction and not more than $500 fine or a $1,000.00 fine for employers.
Melanie’s Law also makes it a crime for a motor vehicle owner or person in control of a motor vehicle, which was not equipped with a functioning ignition interlock device, to knowingly allow it to be operated by a person who has an ignition interlock restricted license. This is crime carries a sentence of up to one year in the house of correction and a fine of up to $500. Also, the Registry may susspend the registration of the motor vehicle improperly driven or the license of a person who violates this law for up to one (1) year.