Motor vehicle offenses are common in district court. During any daily criminal session multiple defendants will be arraigned for either driving without a license or driving with a suspended/revoked license.
In the vast majority of these cases, defendants do not hire attorneys and instead simply represent themselves.
What follows is a very brief summary of the two offenses.
Operating Without a License
You can be charged with this offense if you
(1) drive an automobile,
(2) on a roadway, and
(3) without a license.
Nonresidents can drive in Massachusetts with a valid out-of-state license. However, anyone who resides in the Commonwealth for 30 days or more (excluding students) must get a license from the Massachusetts RMV.
Driving with an expired license is the same as driving without a license. The motorist’s knowledge of his license’s expiration is irrelevant.
If you have a valid license but do not have it with you when you’re stopped by police, it will not constitute “operating without a license.”
The penalty for driving without a license is
- a fine up to $500 for the first offense;
- a fine not less than $500 and not more than $100 for the second offense; and
- a fine not less than $1,000 and not more than $2,000 for all subsequent offenses.
The RMV takes no action against the defendant for a conviction.
Operating After a Suspended or Revoked License
If you lose your license for less than a year, it’s considered a “suspension.” If you’re loss of license is one year or more it’s considered a “revocation.” Either way, if you’re caught driving after you’ve lost your license, you will be charged under M.G.L. c. 90, § 23.
You will have violated this statute if you
(1) drove a vehicle,
(2) with a suspend/revoked license,
(3) after receiving notice of your license suspension/revocation.
Generally, evidence that the RMV mailed notice of the suspension/revocation to the defendant is sufficient proof that the defendant had been notified.
The penalties for operating with a suspended/revoked license are more harsh. They are as follows:
- First offense conviction – a fine between $500 and $1,000 or a ten day jail sentence or both.
- Second offense conviction – a fine with a ten-day suspend jail sentence.
- Subsequent offense convictions – ten day jail sentence.
Additionally the RMV will suspended your for at least 60 days upon notice of conviction.