Operating Motor Vehicle with License Suspended
Driving with a suspended license, is defined in Massachusetts law as:
“Any person found to be operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person […], and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate.”
Requirements for Conviction
In order to secure a conviction, the prosecution will need to prove that:
- the defendant operated a motor vehicle.
- at the time the defendant was operating a motor vehicle, their driver’s license and right to drive in Massachusetts had been suspended/revoked.
- the defendant had received notice that their driver’s license and right to drive in Massachusetts had been, or was about to be, suspended/revoked.
Each element must be proved beyond a reasonable doubt.
Our experienced defense attorneys can help you minimize the consequences of an operating with a suspended license charge. We have helped countless people like you, and in many cases, have achieved outright dismissals as a result of our relentless and sophisticated defense.
If you are facing charges related to operating a motor vehicle with a suspended license, we can help. Call us at 781-797-0555 for a free phone consultation.
Driving with a suspended or revoked license can result in a fine of $500 to $1,000 and/or up to ten days in jail. The jail time is increased to 60 days to one year in jail for a second offense. The driver’s license suspension or revocation will also be extended for an additional 60 days.
Further Facts & Considerations
If the accused has no prior violations and was not suspended for a substance-related offense, the court can issue a “Continuance Without a Finding.” This resolution allows the driver to avoid a conviction but results in a fine of up to $500.
Suspended for OUI: If your license was suspended for a substance-related offense, you will be subject to increased penalties. A first conviction will result in a $1,000 to $10,000 fine and 60 days to two-and-a-half years in jail. The driver’s license suspension or revocation will also be extended for an additional year.
OUI while Suspended: A person who drives under the influence with a suspended license will be subject to a $2,500 to $10,000 fine and one to two-and-a-half years in jail. Both the fine and jail time are mandatory and a minimum of one year must be served before release. Additionally, the driver’s license can be suspended or revoked for up to eight years.
Habitual Violator: Obtaining three convictions for OUI while driving with a suspended license, or driving without a license in a five-year period will result in the convicted person being deemed a habitual violator. A habitual violator will have his or her license revoked for at least four years and be subject to increased penalties for future violations.