Suspended License Woes

[themask]

What is the name of your state? Massachusetts

I am 18 years old, and I have been put under the new MA Laws for teenage drivers under 18 who are caught with any moving violation. I was given a ticket for speeding, and then I appealed it to be just 58mph in a 50mph on a very busy road that is very close by to the university here (UMass).

I was caught this monday with my suspended license due to an accident a younger girl had done. She hit me while I was getting out of my parking spot in the parking lot at school. Only reason why I was driving was because it was very cold, I missed the bus, and I had no cash on me for a taxi, and unfortunately no family to turn to for a ride to school. I have been progressing my grades up the past 2 months of my suspension for the end of the semester, but I could not miss 2 big tests on the day I drove illegally with my suspended license.

My question is, when I get a court date telling me when I have to show up and then given how much longer my suspension is extended due to driving with a suspended license, is it possible to lower it by volunteering for community service, or any other of volunteer service for the courts for the city i'm in? Would that be a good idea to minimize my sentence?

[The Occultist]

That is completely up to the courts, not us.

[themask]

Originally Posted by The Occultist

That is completely up to the courts, not us.

True; I was looking for any maybe other cases that courts have possibly gone with story and lowered a extension of a suspension or so. Basically looking to see if they even would want to hear that.

[fairisfair]

I think you are looking for the I fell on a piece of rebar and it was stuck through my chest, I was driving myself to the hospital case, your honor.

Not the I missed the bus case.

Good luck.

[xylene]

You have to leave the rebar in forever, because if you pull it out you die.

[fairisfair]

Originally Posted by xylene

You have to leave the rebar in forever, because if you pull it out you die.

that made me laugh**************......

[Chamillion]

You say this:

She hit me while I was getting out of my parking spot in the parking lot at school.

It makes me wonder a couple things. I just ressearched the transportation code in Massachusetts, and it says its illegal for you to operate on the ways, which I'll assume they mean public roadways. If you are at school in a parking lot, in my opinion you wouldn't be operating on a roadway, but in a parking lot...which is public domain.

I'm sure someone will correct me if I'm wrong, and I hope they do but:

They shouldn't be able to cite you for operating a vehicle on a suspended license because you were not on a public road when the accident occurred. Had you been, then I could see you being cited. Being that you were operating on public domain and ot a roadway, and the statute appears to cover roadways only, and not public domain...you shouldn't suffer anything in my opinion.

This of course isn't legal advice, just a personal perspective on it. Correct away.

[fairisfair]

Originally Posted by Chamillion

You say this:

She hit me while I was getting out of my parking spot in the parking lot at school.

It makes me wonder a couple things. I just ressearched the transportation code in Massachusetts, and it says its illegal for you to operate on the ways, which I'll assume they mean public roadways. If you are at school in a parking lot, in my opinion you wouldn't be operating on a roadway, but in a parking lot...which is public domain.

I'm sure someone will correct me if I'm wrong, and I hope they do but:

They shouldn't be able to cite you for operating a vehicle on a suspended license because you were not on a public road when the accident occurred. Had you been, then I could see you being cited. Being that you were operating on public domain and ot a roadway, and the statute appears to cover roadways only, and not public domain...you shouldn't suffer anything in my opinion.

This of course isn't legal advice, just a personal perspective on it. Correct away.

I am quite sure that the college campus where he was operating the vehicle, requires drivers to be licensed. So you stance is that so long as you are in a parking lot you can drive. Boy, my three year old nephew is going to be soooooo excited to hear that.

[Chamillion]

Originally Posted by fairisfair

I am quite sure that the college campus where he was operating the vehicle, requires drivers to be licensed. So you stance is that so long as you are in a parking lot you can drive. Boy, my three year old nephew is going to be soooooo excited to hear that.

I don't think I stated my particular position, I was merely asking a question/making my own statement. In Texas, if you're in a parking lot/public domain you wouldn't have been cited for operating on a suspended license. Had he hit the road, THEN he would be susceptible to the traffic laws. I was just wondering if the same was to be said about Massachusetts?

[You Are Guilty]

Originally Posted by Chamillion

I don't think I stated my particular position, I was merely asking a question/making my own statement. In Texas, if you're in a parking lot/public domain you wouldn't have been cited for operating on a suspended license. Had he hit the road, THEN he would be susceptible to the traffic laws. I was just wondering if the same was to be said about Massachusetts?

Well, you're wrong about Texas, (and for what its worth, MA too).

Originally Posted by §541.302

TRAFFIC AREAS. In this subtitle:
(1) "Alley" means a street that:
(A) is not used primarily for through traffic;
and
(B) provides access to rear entrances of
buildings or lots along a street.
(2) "Crosswalk" means:
(A) the portion of a roadway, including an
intersection, designated as a pedestrian crossing by surface
markings, including lines; or
(B) the portion of a roadway at an intersection
that is within the connections of the lateral lines of the sidewalks
on opposite sides of the highway measured from the curbs or, in the
absence of curbs, from the edges of the traversable roadway.
(3) "Freeway" means a divided, controlled-access
highway for through traffic.
(4) "Freeway main lane" means a freeway lane having an
uninterrupted flow of through traffic.
(5) "Highway or street" means the width between the
boundary lines of a publicly maintained way any part of which is
open to the public for vehicular travel.

[Chamillion]

Originally Posted by You Are Guilty

Well, you're wrong about Texas, (and for what its worth, MA too).

(5) "Highway or street" means the width between the
boundary lines of a publicly maintained way any part of which is
open to the public for vehicular travel.

Again, correct me if I'm wrong.

Publicly maintained means that it is maintained by the state, county, or local govenrment through tax payer money?

If that is so, wouldn't that make his school's parking lot not fit the criteria? Being that it is more than likely a school owned and maintained parking lot? I guess one could argue that if the school is a publicly funded institution, that could somehow mean tax payers money is used in the maintenance of the lot.

That particular description gives me the impression that if it is a privately maintained roadway, that portions of the transportation code are not valid regarding vehicles that travel down that road.

For instance, at my job, there were a couple employees who ran into one another. (one didn't stop at the stop sign in the parking lot before proceeding forward) Mind you they were both still well into our lot when the accident occurred. Now the public uses our parking lot to come make purchases, etc...When the police were called, all he did was make a report, but could not issue tickets (failure to control speed/disregarding traffic device resulting in accident) because it occurred in a parking lot and not on a roadway.

Make sense? Cause I'm getting confused here.

[themask]

It would make sense to know also how the vehicle got there. I drove there with the vehicle. Thing is, I would need to get a police report on the ticket to see what the officer had written down. If he just put down I told him I was driving this car right now in that parking lot with a suspended license, then I may be able to fight the point. But, I had told him how it got there and how I had gained access to it and the story really. He had told me he felt bad for my situation since I needed to be present to take 2 exams that depended on my grade, in which were not re-take able after the scheduled date. He also said he would help me out in the report saying I was very co-operative and honest, and would try to "reword" some things in this particular accident.

Also, I had at least been maybe a foot or two out, doing no more then 2mph really, just moving inches very slowly and she was actually speeding (probably atleast 15mph.. which is fast in a VERY crowded, busy, after school parking lot). I have witnesses where they saw her with the excessive speed and definitely could of avoided me.

Great points, but the fact that there was an accident still encourages the judge to put a extension of the suspension. If I was pulled over, it wouldn't be as seen as bad as an accident, it would really depend on the reason why I was pulled over.

There are great points you guys make here, and encourages me to study law, which would be great to have basic knowledge of for defense sake.

[fairisfair]

Originally Posted by Chamillion

Again, correct me if I'm wrong.

Publicly maintained means that it is maintained by the state, county, or local govenrment through tax payer money?

If that is so, wouldn't that make his school's parking lot not fit the criteria? Being that it is more than likely a school owned and maintained parking lot? I guess one could argue that if the school is a publicly funded institution, that could somehow mean tax payers money is used in the maintenance of the lot.

That particular description gives me the impression that if it is a privately maintained roadway, that portions of the transportation code are not valid regarding vehicles that travel down that road.

For instance, at my job, there were a couple employees who ran into one another. (one didn't stop at the stop sign in the parking lot before proceeding forward) Mind you they were both still well into our lot when the accident occurred. Now the public uses our parking lot to come make purchases, etc...When the police were called, all he did was make a report, but could not issue tickets (failure to control speed/disregarding traffic device resulting in accident) because it occurred in a parking lot and not on a roadway.

Make sense? Cause I'm getting confused here.

Okay, this should unconfuse you. You are Guilty is an attorney. and Everyone must have a driver's license in order to operate a vehicle. (except is some very rural areas, oh and at kiddie land). And police CAN issue citations in parking lots. And generally a college campus is one of the best places to get one.

[themask]

I have done some digging and according to 90 23 from [url]http://www.mass.gov/legis/laws/mgl/90-23.htm[/url] ... It seems that the RMV only has the right to extend the suspension, not the courts. The courts only give the fine and the judge has the view to raise/lower the fine ($500). I guess it's only the matter of sucking it up and waiting another 2 months, and then hopefully having the judge lower the fine... hmm..

[Chamillion]

Originally Posted by fairisfair

Okay, this should unconfuse you. You are Guilty is an attorney. and Everyone must have a driver's license in order to operate a vehicle. (except is some very rural areas, oh and at kiddie land). And police CAN issue citations in parking lots. And generally a college campus is one of the best places to get one.

Don't get me wrong, I'm not arguing with anyone. I know that you are all attorney's here, but it just seemed weird to me at frist because I was in a somewhat similar situation about 3 years ago, with a couple exceptions.

I was at Texas Children's when my oldest was born and this lady backed into me while trying to give someone clearance to pull out of a space in the parking garage. I had a license, and I wasn't at fault in that case either. But what the cop told me was that they do not issue citations on private property. He did not clarify with me to what extent that goes.

I see now what you're saying though I believe. Simply as you have stated here, just to operate a motor vehicle, you're supposed to be licensed if it is a place where the public has access, or will access. I wasn't trying to argue, just trying to get more clarity out of it because I only received half the information when I was in a situation somewhat the same.

Thanks for your responses.