Operating After Suspension or Revocation of License

Operating After Suspension or Revocation of License

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.

Penalties

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.

Need An Attorney? Simons Law Office Can Help.

Use the form below to contact some of the top criminal defense attorneys in Boston. Get the legal help you deserve.

Call us 24/7 at 781.797.0555 or fill out the form. Send us a message and we'll get back to you as soon as possible. We take pride in returning calls quickly.