Operating After Suspension or Revocation of License in Massachusetts

There are many reasons why a person may be subject to a license suspension or revocation in Massachusetts. Regardless of the reason, though, if your license has been suspended or revoked, you have a legal obligation to refrain from operating a motor vehicle. If you breach this obligation and are indeed caught driving, you could face additional penalties. If this sounds like the situation you’re in, call The Law Office of Paul R. Moraski directly today for a consultation. 

Why Your License May Be Suspended

In Massachusetts, a driver’s license may be revoked or suspended for any of the following reasons:

  • Receiving multiple speeding tickets or other traffic infractions within a certain time period (typically one year)
  • Being convicted of an operating under the influence charge
  • Breaching implied consent laws (i.e. refusing to submit to a blood or breath alcohol test)
  • Drag racing
  • Conviction of certain criminal offenses

The above list is not inclusive. It’s important to speak to an attorney about your rights if your license is in the process of being revoked. 

Penalties for Driving with a Suspended License

Operating a motor vehicle with a suspended license is a serious offense in Massachusetts. Regulated by Massachusetts General Laws Chapter 90, Section 23, if you are convicted of driving with a suspended license, you may face penalties such as:

  • Fine of up to $1,000; 
  • Imprisonment of up to 10 days; or
  • Both a fine and imprisonment.

Keep in mind that in addition to the above, the period of suspension of your license may also be extended. Further, if this is a second or subsequent offense, the penalties will be more severe. A conviction of a second or subsequent offense will result in a mandatory minimum sentence of imprisonment for 60 days. 

Of course, in addition to the above, you may also find it difficult to obtain or retain employment as a driver and risk having the offense show up on your criminal record, which can have negative implications for your future. 

Defenses to Driving After Suspension

If you are charged with driving with a suspended license, it’s important that you understand your rights and your best defense strategy. Because the prosecution must prove that the defendant was aware of the revocation, you may be able to argue that you had not received notice that your license had been suspended or revoked. Another potential defense is that you were driving in an emergency situation in which driving was absolutely necessary for the safety and wellbeing of yourself or another human. 

How an Attorney Can Help 

The best thing to do if you have been charged with driving with a suspended license is to call an experienced criminal defense attorney. At The Law Office of Paul R. Moraski, our experienced attorney will advocate for you and help you understand your rights. Call (978) 397-0011 today for a consultation.