I'm going under the assumption that this happened in Mass (based on references to RMV and mandatory 45 day loss of license).
A lot depends on if this is charged as "Operation after Suspension" or as "Operation after Suspension for OUI". If the latter, it carries a mandatory 60 day jail term. Charges are:
90/23/D
LICENSE SUSPENDED, OP MV WITH c90 §23 (Effective 8/7/09) on [DATE OF OFFENSE:] did operate a motor vehicle after his or her license or right to operate a motor vehicle without a license had been suspended or revoked, or after notice of such suspension or revocation had been issued by the Registrar of Motor Vehicles and received by the defendant or by his or her agent or employer, and prior to the restoration of such license or right to operate or the issuance to him or her of a new license to operate, in violation of G.L. c.90, §23. (PENALTY: imprisonment not more than 10 days; or not less than $500, not more than $1000 fine; or both; and RMV shall suspend or revoke license for an additional 60 days. PENALTY if defendant has no prior conviction or finding of responsible, delinquency or sufficient facts to support a conviction for operating after suspension: not more than $500 fine.)
90/23/F
LICENSE SUSPENDED FOR OUI/CDL, OPER MV WITH c90 §23 (Effective 6/21/06) on [DATE OF OFFENSE:] did operate a motor vehicle after his or her license or right to operate had been suspended or revoked pursuant to a violation of G.L. c.90, §§ 24(1)(a), 24D, 24E, 24G, 24L or 24N, or of G.L. c.90B, §§ 8(a), first par., 8A or 8B, or of G.L. c.90F, §§ 8, 9, 10 or 11, or after notice of such suspension or revocation had been issued and received by him or her or his or her agent or employer and prior to the restoration of such license or right to operate or the issuance of a new license to operate, in violation of G.L. c.90, §23. (PENALTY: house of correction not less than 60 days, not more than 2½ years; and not less than $1000, not more than $10,000; cannot be continued without a finding or filed; no reduced or suspended sentence, probation, parole, furlough or sentence deductions until 60 days served; and RMV shall suspend or revoke license for an additional 1 year.)
If charged with the first, the court will generally not appoint a public defender and will make a finding at arraignment that there is no possibility of a jail sentence. Different courts dispose of these differently. Many will dismiss on court costs (pay a few hundred dollars), others will reduce it a civil infraction and fine the offender, and still others will find the defendant guilty and impose a fine. Another possibility is a "Continued without a Finding" and a dismissal, where the offender is placed on probation for a period of time (and pays monthly probation fees), and the case gets dismissed after successfully completing probation.
If charged with the latter, a lawyer is really necessary because, if found guilty, the defendant WILL go to jail for 60 days. The judge does not have discretion to impose anything less than a 60 day suspension.
There is a case out of the Somerville District Court that states that Operation after suspension for OUI, but after eligibility to reinstate is actually only Operation after Suspension. Unfortunately, this is not binding, and some Assistant District Attorneys will not easily agree to amend the charge down.
I STRONGLY suggest the defendant reinstate his or her license BEFORE going to court, and bringing in the license and receipts showing payment of the reinstatement fee.
Massachusetts licenses don't get automatically reinstated. You have to go to the RMV, pay their fee (Probably $500) and reinstate the license. If there was also a suspension for refusing the BT, or for registering over .08 on the BT, there's another $500 fee for reinstatement of that. The fees keep adding up, and they will NOT reduce them.
Another issue is that a "standard" 90/24D disposition includes one year of probation. If the defendant was charged while still on probation, he or she may face a violation or probation. Every term of probation includes a prohibition against committing any new crime while still on probation.
Out of curiosity, what court is this in?
ETA: This is not the EXACT same thing. The 2009 post, the license was suspended for failing a BT. Driving after your license has been suspended for an OUI Conviction (or CWOF) is the act that triggers the 60 days in jail, not driving after suspension for failing (or refusing) a BT.
