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Penalty for Driving with a Suspended License

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lndsl5

Junior Member
In Massachusetts

I am inquiring what the likely penalty is going to be for driving on a suspended license?

Her license was suspended for 30 days for 1st offense DUI (she took the breathalyser). During this 30days before her court date for DUI, she was ticketed for "oper mv w/ suspended license". The offense on the ticket is 70-23. She wasn't arrested, but her car was towed.
For her 1st offense DUI, she was the 24D program...45 day additional suspension of license, attend DUI school, Brains at Risk, 1year probation, and $500+ in fines.
She has since started the school, attended the Brains at Risk, gone to a MADDD program, an AA session & started community service for her probation. While she has been eligible to get her license back, she has not expecting to lose it again.
There was no mention of this ticket during that court date.

She hired an attorney for the DUI, but realized after paying her, that the public defender would have given her the same deal regardless.

What is her likely penalty for the suspended license? Is it worthwhile to hire an attorney for this offense or is the public defender likely to get the same deal? Will the additional suspension of her license run concurrent with the DUI suspension days and the time since she was eligible to get her license back?
btw...no criminal record, college graduate, now working 2 jobs to pay all the fines.

thanks for your help.What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
If she could afford to hire a lawyer, she probably wouldn't qualify for the public defender. The PD is for people unable not unwilling to pay for a counsel.

Driving while suspended could be up to $1000 fine, 10 days in jail, and 60 to 1 year additional suspended. It most likely will be an extension of the suspension (nor served concurrently).

If she does it again, she could be locked up for a year.
 

lndsl5

Junior Member
On the summons it states code: 90/23/D Offense Description: License Suspended, OP MV with c90 s23.

Since she has had minimal income prior to these offense, wouldn't she qualify for the PD? Her dad paid for the last lawyer. He kind of regretted paying for the lawyer for both the arraignment and also the court date.

Will either the PD or the private lawyer (if she decides to hire one) be able to work out a deal at the arraignment or will there be a 2nd date to appear in court?
 

seniorjudge

Senior Member
Google is your friend.



http://www.mass.gov/legis/laws/mgl/90-23.htm

PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE XIV. PUBLIC WAYS AND WORKS

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT

MOTOR VEHICLES

Chapter 90: Section 23. Operation of motor vehicle after suspension or revocation of license; concealment of identity of motor vehicle

Section 23. Any person convicted of 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 or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate, and any person convicted of operating or causing or permitting any other person to operate a motor vehicle after the certificate of registration for such vehicle has been suspended or revoked and prior to the restoration of such registration or to the issuance of a new certificate of registration for such vehicle, or whoever exhibits to an officer authorized to make arrests, when requested by said officer to show his license, a license issued to another person with intent to conceal his identity, shall, except as provided by section twenty-eight of chapter two hundred and sixty-six, be punished for a first offence by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not more than ten days, or both, and for any subsequent offence by imprisonment for not less than sixty days nor more than one year, and any person who attaches or permits to be attached to a motor vehicle or trailer a number plate assigned to another motor vehicle or trailer, or who obscures or permits to be obscured the figures on any number plate attached to any motor vehicle or trailer, or who fails to display on a motor vehicle or trailer the number plate and the register number duly issued therefor, with intent to conceal the identity of such motor vehicle or trailer, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than ten days, or both. Any person convicted of operating a motor vehicle after his license to operate has been revoked by reason of his having been found to be an habitual traffic offender, as provided in section twenty-two F, or after notice of such revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license to operate shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two years, or both. In no case shall a person be prosecuted for operating after suspension or revocation of a license upon a failure to pay an administrative reinstatement fee without a prior written notice from the registrar mandating payment thereof.

Any person convicted of operating a motor vehicle after his license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of subdivision (1) of section twenty-four, or pursuant to section twenty-four D, twenty-four E, twenty-four G, twenty-four L, or twenty-four N of this chapter, or pursuant to subsection (a) of section eight, or pursuant to a violation of section eight A or section eight B of chapter ninety B, or pursuant to a violation of section 8, 9 or 11 of chapter ninety F, or after notice of such suspension or revocation of his right to operate a motor vehicle without a license has been issued and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license to operate shall be punished by a fine of not less than one thousand nor more than ten thousand dollars and by imprisonment in a house of correction for not less than sixty days and not more than two and one-half years; provided, however, that the sentence of imprisonment imposed upon such person shall not be reduced to less than sixty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served sixty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding.

Whoever operates a motor vehicle in violation of paragraph (a) of subdivision (1) of section 24, sections 24G or 24L, subsection (a) of section 8 of chapter 90B, sections 8A or 8B of chapter 90B or section 13 1/2 of chapter 265, while his license or right to operate has been suspended or revoked, or after notice of such suspension or revocation of his right to operate a motor vehicle has been issued and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license or right to operate, pursuant to paragraph (a) of subdivision (1) of section 24, sections 24G or 24L, subsection (a) of section 8 of chapter 90B, sections 8A or 8B of chapter 90B or section 13 1/2 of chapter 265 shall be punished by a fine of not less than $2,500 nor more than $10,000 and by imprisonment in a house of correction for a mandatory period of not less than 1 year and not more than 2 1/2 years, with said sentence to be served consecutively to and not concurrent with any other sentence or penalty. Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served said 1 year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding.

A certificate of the registrar or his authorized agent that a license or right to operate motor vehicles or a certificate of registration of a motor vehicle has not been restored or that the registrar has not issued a new license so to operate to the defendant or a new certificate of registration for a motor vehicle the registration whereof has been revoked, shall be admissible as evidence in any court of the commonwealth to prove the facts certified to therein, in any prosecution hereunder wherein such facts are material. A certificate of a clerk of court that a person’s license or right to operate a motor vehicle was suspended for a specified period shall be admissible as prima facie evidence in any court of the commonwealth to prove the facts certified to therein in any prosecution commenced under this section.

Upon a conviction of operating after suspension or revocation of license or right to operate under the first paragraph, the registrar shall extend said suspension or revocation for an additional sixty days. Upon a conviction of operating after suspension or revocation of license or right to operate under the second paragraph, the registrar shall extend said suspension or revocation for an additional year.

If a person operating a motor vehicle after suspension or revocation of a license to operate or the right to operate a motor vehicle under the first or second paragraphs of this section, is found by the registrar to have operated a vehicle registered to another in violation of said suspension or revocation, the registrar shall, after hearing, revoke the certificate of registration of said motor vehicle for up to thirty days. Pursuant to said hearing, the certificate of registration and the number plates shall be immediately surrendered to the registrar.
 

lndsl5

Junior Member
thanks. I have already read that, but was looking for some insight from anyone that has gone through/represented someone in with similiar circumstance.
 

Isis1

Senior Member
thanks. I have already read that, but was looking for some insight from anyone that has gone through/represented someone in with similiar circumstance.
this is just from what i have seen i during my own DUI hearing and from what i went through during my "lindsey lohan" stay serving my DUI time.

1st time offense with no prior record of any criminal activity, attorney not really needed. waste of money. a PD can't do much for you at that juncture. now, if you violate the probabtion issued after the fact, get an attorney. if you commit any other crime or duplicate that same crime while on probation, get an attorney. once you have completed your sentence/probation, hire an attorney to expunge your record.
 

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