OPERATING AFTER SUSPENSION OR REVOCATION OF LICENSE

This charge probably makes up the largest percentage of cases in District Court.  They are very easily resolvable and usually result in a dismissal upon court costs.  The majority are pretty simple cases and end up with a favorable result.  I immediately ask my client whether they have already been arraigned or if their case is pending at a clerk-magistrate hearing and what it will take to get their license reinstated.  Usually my client tells me upon realizing the suspension, they took immediate steps to correct like paying excise tax, and old parking ticket or paying an insurance bill.

What becomes more serious in this category is if offenses are suspension for operating under the influence which carry a minimum mandatory jail sentence or suspensions for drug conviction which can be quite lengthy.

Pursuant to Massachusetts General Laws Chapter 90, Section 22, the Registry of Motor Vehicles (RMV) is required to suspend/revoke your permit/license or right to operate upon receiving notification of a conviction for a drug violation from a court.

An Act Relative to Motor Vehicle License Suspension was signed by Governor Baker on Wednesday, March 30, 2016. The law allows for the immediate license reinstatement for operators with certain prior drug convictions.

In March of 2016, the Massachusetts Legislature enacted House Bill 4088. This bill eliminates all drug-related license suspensions except those for trafficking in fentanyl or a Class A, B, or C controlled substance. Therefore, the Registry of Motor Vehicles can still automatically suspend a license for 5 years for trafficking in heroin, fentanyl, cocaine, and certain other drugs. However, there is now no longer any license suspension for trafficking in marijuana or any other drug crime such as unlawful possession, possession with intent to distribute, conspiracy to violate the controlled substance act, and distribution of controlled substances.

With the exception of the above-listed trafficking charges, anyone who has had his or her Massachusetts Driver’s License or right to operate suspended can apply for an immediate reinstatement. The law prevents the Registry from charging the $500.00 reinstatement fee which is customarily charged for drug-related reinstatlements.

 

Schedule a Free Initial Consultation.

I have had tremendous success in the area of my practice and understand what needs to be done in order to increase your chances of obtaining a successful result.  If you have questions, please contact me at my office at (508) 791-9001 or by cell phone at (508) 769-7995.   You may also e-mail me Michael@criminaldefenseworcester.com or text me.  I take great pride is a very quick response time and will promptly schedule a free initial consultation at your convenience.  I have also begun to conduct quite a few meetings via FACETIME or SKYPE for those clients who are either out of state or have license issues.