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In order to be convicted of Operating After Suspension, the Commonwealth must prove (1) that you operated a motor vehicle, (2) after your driver’s license or right to drive in Massachusetts had been suspended or revoked, and (3) that agent, such as a household member or employer had received notice that your Massachusetts license or right to drive had been or was about to be revoked.
There are numerous defenses to the charge of driving on a suspended license in Massachusetts. For example, the Commonwealth must introduce certified documents from the Mass. Registry of Motor Vehicles showing that your license was suspended. Testimony from a witness regarding the status of your license is inadmissible hearsay. Also, the Commonwealth must prove that the Mass. RMV had sent a letter to your correct address notifying you or your “agent” of the license suspension.
Given the penalties for driving on a suspended license, it is important to avoid a conviction. For a first offense, violation of this section is punishable by a fine of $500 to $1,000 or a sentence of not more than ten days to a house of correction, or both. A second or subsequent conviction of driving on a suspended license often results in jail time and a fine. A conviction of Driving on a Suspended License when the License has been suspended for DUI results in a 60 day minimum-mandatory jail sentence. In addition to these penalties a conviction of operating after suspension results in an automatic 60 day license suspension, with no ability to get a hardship license from the RMV. Operating After Suspension for DUI results in a one year automatic license suspension. In addition to criminal and Registry penalties, being caught driving on a suspended license can result in a probation violation.
Also, a recent suspended license charge will disqualify you from getting a hardship license from the Registry of Motor Vehicles. The RMV states that there can be no evidence of operation since the applicant’s license was suspended. In these cases, you must apply to the Board of Appeal. However, the Board of Appeal takes a very dim view of Operating After Suspension charges. The Board views such charges as evidence of a lack of respect for the law. A recent suspended license conviction on your criminal or driving record can make the difference between getting a hardship license from the Board of Appeal or being denied reinstatement and having to serve your suspension.
With these though penalties, it makes sense to hire a lawyer to fight your Operating After Suspension charge. With the right legal representation, you may be able to avoid a conviction and the harsh consequences associated with a suspended license charge. It also makes sense to try to get a hardship license, so that you can drive legally and do no risk being arrested for Driving on a Suspended License. |
