Operating on a Suspended License in Massachusetts

If you have been charged with operating on a suspended or revoked license in Massachusetts, the potential consequences depend heavily on why your license was suspended, whether you have a prior operating-after-suspension case, and whether the Commonwealth can prove each required element of the charge.

An operating-after-suspension charge is more than a routine traffic ticket. In some cases the penalty may be a fine. In others—particularly when the underlying suspension is OUI-related—Massachusetts law provides for mandatory incarceration.

The Law Offices of Elliot Savitz & Scott Bradley represent people charged with operating on suspended or revoked licenses throughout Massachusetts.

What Is Operating on a Suspended License in Massachusetts?

Operating after suspension or revocation is governed primarily by Massachusetts General Laws Chapter 90, Section 23.

In a typical operating-after-suspension case, the Commonwealth must prove that you operated a motor vehicle while your license or right to operate was suspended or revoked and that the required notice of the suspension or revocation was received.

The exact charge and potential punishment can change depending on the reason for the underlying suspension.

Does the Commonwealth Have to Prove You Received Notice?

Yes. Notice can be an important issue in an operating-after-suspension case.

Massachusetts law requires proof that notice of the suspension or revocation was received by the defendant or, in circumstances recognized by the statute, by an agent or employer.

The Commonwealth is not necessarily required to prove that you personally read or understood every part of the suspension notice. However, it must prove the notice element required by the statute.

The Massachusetts model jury instruction explains that the Commonwealth must prove receipt of the required notice beyond a reasonable doubt.

What Are the Penalties for a First Operating-After-Suspension Offense?

For a person who has not previously been found responsible for or convicted of operating after suspension or revocation, Massachusetts law generally provides for a fine of up to $500.

However, this first-time provision does not apply when the underlying suspension or revocation resulted from certain OUI-related and other offenses specifically identified in Chapter 90, Section 23.

That distinction is important. A first operating-after-suspension charge does not necessarily carry the same penalty when the license was suspended because of an OUI.

What Are the Penalties for a Subsequent Offense?

For a subsequent operating-after-suspension offense under the general provision of Section 23, Massachusetts law provides for imprisonment of:

• Not less than 60 days; and
• Not more than one year.

Other penalty provisions may apply when the suspension resulted from Habitual Traffic Offender status, an OUI-related offense, or another offense specifically addressed by the statute.

What If Your License Was Suspended Because of an OUI?

Operating after certain OUI-related suspensions carries substantially more serious consequences.

When the underlying suspension or revocation falls within the OUI-related provisions specified in Massachusetts General Laws Chapter 90, Section 23, a conviction carries:

• A fine of $1,000 to $10,000; and
• Imprisonment in a house of correction for 60 days to 2 1/2 years.

The statute provides that the incarceration imposed under this provision cannot be reduced below 60 days or suspended. It also restricts probation, parole, furlough, and certain sentence deductions until the required minimum period has been served.

If your underlying suspension involves an OUI charge, see our information about Operating Under the Influence in Massachusetts.

What If the Suspension Was for Habitual Traffic Offender Status?

Massachusetts law has a separate penalty provision for someone convicted of operating after a license or right to operate was revoked because the person was classified as a Habitual Traffic Offender.

Under Section 23, that offense may be punished by:

• A fine of $500 to $5,000;
• Imprisonment for up to two years; or
• Both a fine and imprisonment.

This is different from an ordinary first operating-after-suspension charge and is one reason the underlying basis for the suspension must be identified before evaluating the potential penalties.

Why Might a Massachusetts License Be Suspended or Revoked?

The Massachusetts Registry of Motor Vehicles may suspend or revoke a license or right to operate for many different reasons.

Examples include:

• An OUI conviction or other qualifying alcohol- or drug-related motor vehicle offense;
• A chemical-test refusal or qualifying breath-test result;
• Leaving the scene of certain accidents;
• Accumulation of surchargeable events;
• Habitual Traffic Offender status;
• Certain criminal motor vehicle convictions;
• Court defaults or certain outstanding court matters;
• Immediate-threat or other public-safety actions;
• Certain drug-trafficking convictions; and
• Qualifying suspensions, revocations, or convictions from another jurisdiction.

The RMV provides additional information about Massachusetts license suspensions and RMV hearings.

What Defenses May Apply to an Operating-After-Suspension Charge?

The appropriate defense depends on the facts of the particular case. An attorney should review the charging documents, RMV record, police report, and underlying suspension before deciding how to proceed.

Issues that may need to be examined include:

• Whether your license or right to operate was actually suspended or revoked on the date alleged;
• Whether the Commonwealth can prove receipt of the required suspension notice;
• Whether you were operating the vehicle;
• Whether the prosecution has identified the correct underlying suspension;
• Whether your license or right to operate had already been restored;
• Whether the traffic stop and resulting evidence were lawful; and
• Whether the Commonwealth can prove every required element beyond a reasonable doubt.

A defense should be based on the actual evidence and applicable law rather than assuming that every suspended-license case can be resolved in the same way.

Can You Get Your Suspended License Reinstated?

Possibly, but reinstating your license is a separate issue from defending the criminal charge for operating while suspended.

The requirements depend on why the RMV suspended or revoked your license or right to operate. Depending on the circumstances, you may need to:

• Serve the applicable suspension period;
• Resolve a court default or other underlying issue;
• Complete a required driver retraining, alcohol education, or other program;
• Attend an RMV suspension hearing;
• Satisfy ignition-interlock requirements when applicable;
• Pay applicable reinstatement fees; or
• Complete other requirements imposed by Massachusetts law or the RMV.

Do not assume that resolving the criminal operating-after-suspension case automatically restores your driving privileges. You should confirm your license or right-to-operate status with the RMV before driving.

How Can a Massachusetts Suspended License Defense Attorney Help?

An attorney can review both the criminal charge and the underlying suspension to determine what issues need to be addressed.

That review may include:

• Your Massachusetts driving record;
• The suspension or revocation notice;
• The reason and effective dates of the suspension;
• The police report and citation;
• Evidence concerning receipt of notice;
• Your prior operating-after-suspension history;
• Whether an OUI-related or other enhanced penalty provision applies; and
• Any available defenses to the criminal charge.

Charged With Operating on a Suspended License?

The Law Offices of Elliot Savitz & Scott Bradley represent clients charged with operating after suspension or revocation throughout Massachusetts. We can review the reason for the suspension, the evidence concerning notice, your prior history, and the circumstances of the traffic stop and explain the defense options that may be available.

If you have received a summons, been arrested, or have an upcoming court date, contact us today to discuss your case.

This page provides general information about Massachusetts criminal law and is not legal advice. Reading this page does not create an attorney-client relationship. The potential penalties and defenses depend on the reason for the suspension, prior record, charging provision, and facts of the individual case.