Driving without a license (Massachusetts)

[aspekt9]

Ok so this is kind of a long story so bare with me. I'm 18 years old I've had my license for about 1.5 years now. Now, it was 11:34 PM at night and me and 3 of my other friends were leaving a bowling alley we were about to pull out onto the main street but before we left the property of the bowling alley my friend in the passenger seats decides to get out of the car and do a little dance about 1 foot into the main road. So I pull out of the bowling alley and immediately signal and pull over off the main road and wait for the dumbass to get back in the car. So he gets back in I call him an idiot and I signal and pull back into the road casually and continue driving on. About 30 seconds later there's blue lights flashing behind me and I pull over the police officer comes out of the his car comes up to the side of my car and asks what my friend was doing back there I apologized and said he was goofing around. He asked for my license and my registration. I had my registration on me but my mother had my license at home she was filling out some paper work for college and needed it earlier in the day and never returned it before I left. So I explain the situation to him and he says O.K. and returns to his car. He comes back about 5 minutes later and issues me a ticket for "License not in Possession" He listed Chapter 90 Section 11 as the offense.
So now here's the questions I have. Did he have reason to pull me over even though my friend got out of the car on the property of the bowling alley? And I'm thinking about contesting this in court. I did a little research and Chapter 90 Section 11 says: "Chapter 90: Section 11. Carrying certificate of registration and license; presentation after accident upon request" (http://www.mass.gov/legis/laws/mgl/90-11.htm).
Now that says that's for presenting a license after an accident upon request. There was no accident. Now I looked online and it said that driving without a license in Massachusetts violates Chapter 90 Section 10, which states: "Chapter 90: Section 10. Operation of motor vehicle without license; members of armed forces; nonresidents; suspension or revocation of license" (http://www.mass.gov/legis/laws/mgl/90-10.htm)
Which is the correct offense I violated and if it is 10 then technically I'm not guilty of violating Chapter 90 Section 11 therefore I should be able to get off on a technicality correct? Sorry for the long write up guys any help is greatly appreciated.

 

[Shay-Pari'e]

Ok so this is kind of a long story so bare with me. I'm 18 years old I've had my license for about 1.5 years now. Now, it was 11:34 PM at night and me and 3 of my other friends were leaving a bowling alley we were about to pull out onto the main street but before we left the property of the bowling alley my friend in the passenger seats decides to get out of the car and do a little dance about 1 foot into the main road. So I pull out of the bowling alley and immediately signal and pull over off the main road and wait for the dumbass to get back in the car. So he gets back in I call him an idiot and I signal and pull back into the road casually and continue driving on. About 30 seconds later there's blue lights flashing behind me and I pull over the police officer comes out of the his car comes up to the side of my car and asks what my friend was doing back there I apologized and said he was goofing around. He asked for my license and my registration. I had my registration on me but my mother had my license at home she was filling out some paper work for college and needed it earlier in the day and never returned it before I left. So I explain the situation to him and he says O.K. and returns to his car. He comes back about 5 minutes later and issues me a ticket for "License not in Possession" He listed Chapter 90 Section 11 as the offense.
So now here's the questions I have. Did he have reason to pull me over even though my friend got out of the car on the property of the bowling alley? Your friend was in the street, not on the property of the bowling ally.bout contesting this in court. I did a little research and Chapter 90 Section 11 says: "Chapter 90: Section 11. Carrying certificate of registration and license; presentation after accident upon request" (http://www.mass.gov/legis/laws/mgl/90-11.htm).
Now that says that's for presenting a license after an accident upon request. There was no accident. Now I looked online and it said that driving without a license in Massachusetts violates Chapter 90 Section 10, which states: "Chapter 90: Section 10. Operation of motor vehicle without license; members of armed forces; nonresidents; suspension or revocation of license" (http://www.mass.gov/legis/laws/mgl/90-10.htm)
Which is the correct offense I violated and if it is 10 then technically I'm not guilty of violating Chapter 90 Section 11 therefore I should be able to get off on a technicality correct? Your logic is flawed.

 

[racer72]

When you point out the error to the judge, one of three things will happen.
1. The judge himself corrects the error.
2. The judge dismisses the ticket and allows the officer to issue a new one.
3. The judge states the penalty for violating either is the same and allows the ticket to stand.

It is not a fatal error, the incorrect statute paragraph does not prevent you from presenting a valid defense to the citation.

 

[aspekt9]

Will my insurance go up for something like this? Or does it usually only go up for moving violations?

 

[CdwJava]

Actually, the statute DOES require you to have your license in your possession. Note this key phrase:

Section 11. Every person operating a motor vehicle shall have the certificate of registration for the vehicle and for the trailer, if any, and his license to operate, upon his person or in the vehicle, in some easily accessible place, except that the certificates of registration of dealers, manufacturers, repairmen, owner-repairmen, farmers or dealers in both boats and boat trailers need not be so carried;

The section appears to be good and not just for accidents ... though presenting these at collisions are mentioned later.

As for insurance increases, I would doubt i. In my state this would be a zero point issue - not sure about MA, though.

- Carl

 

[patstew]

Which is the correct offense I violated and if it is 10 then technically I'm not guilty of violating Chapter 90 Section 11 therefore I should be able to get off on a technicality correct? Sorry for the long write up guys any help is greatly appreciated.

Slap me silly and call me Fred, but at my police department when this happens, all the person has to do is present their driver's license, we take a copy of it, and the ticket is reversed.

Did the officer mention anything like this to you?

 

[bc1]

patstew, what state does that procedure apply to?

I also got pulled over - the cop was a complete jerk. I was driving my brother's car, didn't know the inspection sticker was expired. I was doing absolutely nothing wrong while driving. The cop was hiding on a street, then, when I drove by, he pulled up behind me and followed me for a little. Apparantly he was running my plates while behind me (despite the fact that I still haven't done anything wrong while driving). After running the plates, he realized the inspection was expired and pulled me over. I did nothing to prompt him to 1.) Pull up behind me and follow me or 2.) Run my plates. I think this cop was probably racist, since he decided to follow me after seeing a non-white operating the car.

After pulling me over, I didn't have my license on my person at the time, and he gave me a $35 ticket. Is it worth it to combat this? Patstew, please let me know more details about bringing in the license to the police department (I've heard something about that before).

 

[moburkes]

patstew, what state does that procedure apply to?

I also got pulled over - the cop was a complete jerk. I was driving my brother's car, didn't know the inspection sticker was expired. I was doing absolutely nothing wrong while driving. The cop was hiding on a street, then, when I drove by, he pulled up behind me and followed me for a little. Apparantly he was running my plates while behind me (despite the fact that I still haven't done anything wrong while driving). After running the plates, he realized the inspection was expired and pulled me over. I did nothing to prompt him to 1.) Pull up behind me and follow me or 2.) Run my plates. I think this cop was probably racist, since he decided to follow me after seeing a non-white operating the car.

After pulling me over, I didn't have my license on my person at the time, and he gave me a $35 ticket. Is it worth it to combat this? Patstew, please let me know more details about bringing in the license to the police department (I've heard something about that before).

You will need to start your own post, asking your questions. It is considered rude to hijack another person's thread.

 

[bc1]

Sorry if you thought I was hijacking the thread. I am also in MA and was in the exact same situation. The question I was asking was directly related to what another user posted earlier. The answer to the question I asked would clarify a murky response and help out the O/P involved in the situation. I'm sure the O/P would also like to know more about possible actions.

 

[moburkes]

Sorry if you thought I was hijacking the thread. I am also in MA and was in the exact same situation. The question I was asking was directly related to what another user posted earlier. The answer to the question I asked would clarify a murky response and help out the O/P involved in the situation. I'm sure the O/P would also like to know more about possible actions.

And it is still considered a hijack.

 

[CdwJava]

I was doing absolutely nothing wrong while driving.

But, the inspection sticker was expired. Not bad driving, but good cause for the stop.

Apparantly he was running my plates while behind me (despite the fact that I still haven't done anything wrong while driving).

He doesn't need any reason.

I did nothing to prompt him to 1.) Pull up behind me and follow me

When the police are driving, they are always behind someone. he doesn't NEED a reason to get behind you.

or 2.) Run my plates.

He doesn't need an articulable reason to run your plates. So long as the purpose is related to work and not for personal reasons (like trying to find a date for dinner), it's lawful. They find wanted criminals that way far more often than you might think.

I think this cop was probably racist, since he decided to follow me after seeing a non-white operating the car.

Your proof of this is ... what? or is any white cop who stops a non-white driver a racist?

Patstew, please let me know more details about bringing in the license to the police department (I've heard something about that before).

In most states not being in possession of your license is a "fix-it ticket". That means that if you show proof of correction (in this case, having your license) it can be signed off with either a dismissal or a filing fee.

- Carl

 

[Zigner]

Is it worth it to combat this?

It depends - was he wearing a long or short sleeve shirt?
(Please start a new thread so we can properly explain why you have no case)