Driving With a Suspended License

Whether your license has been suspended or revoked due to moving violations, failure to take a breathalyzer test, operating under the influence (OUI), a conviction on a drug offense, accumulated motor vehicle violations or other issues, figuring out how to navigate Massachusetts’ court system and get your driver’s license reinstated can be confusing. However, driving with a suspended license or revoked license can lead to fines, extended suspensions or even jail time, so it’s important to take these issues seriously. If you are facing a four year suspension due to status as a habitual traffic offender or if you are not sure how to handle your first suspension, then you need an experienced Massachusetts driver’s license attorney to ensure that you follow the appropriate steps and minimize the impact on your driving record.

If you have a revoked or suspended license, there are ways that you may qualify for a MA Hardship License.

What are the possible reasons for a revoked or suspended driver’s license?

The Massachusetts Registry of Motor Vehicles (RMV) will automatically suspend your driver’s license if you have:

• Three speeding violations in a year
• Five surchargeable events (such as a speeding ticket or a motor vehicle accident in which you were ruled at fault) in three years
• An out-of-state suspension or revocation
• If you are a habitual traffic offender (that is, a driver who has a total of three major moving violations or any combination of twelve major or minor violations in a five year period)

Criminal suspensions are more serious and often involve larger reinstatement fees. These can occur if:

• You are caught stealing a motor vehicle
• You are caught leaving the scene of accident with injuries
• You are caught leaving the scene of an accident with property damage
• You are caught driving to endanger
• You are caught driving under the influence of alcohol and/or drugs.

The RMV also has the power to suspend a license for other reasons that are completely unrelated to driving a motor vehicle, such as:

• Being convicted of a drug offense
• Using a fake ID
• Failing to register as a sex offender

What else should I know about a revoked or suspended driver’s license?

Many people who get caught driving with a suspended or revoked license are pulled over because of other traffic issues such as speeding or running a stop sign. Dealing with these two violations adds a layer of complexity because it involves both civil and criminal violations. If it were simply a civil issue, then the ticket should be sent to a P.O. box. But when there is a criminal aspect involved, it is contested through the court.

It is also important to note that if your driver’s license was revoked or suspended in Massachusetts, that information is included in a database called the National Driver Register (NDR) and it will be accessible to law enforcement officials in all fifty states.

Operating an Uninsured Motor Vehicle

This is the charge of driving a car, either your own or someone else’s, that doesn’t have enough insurance as mandated by the state, when driven on a public road, street, lane or highway. Convictions can bring penalties of a fine from $500 to $5,000, potential jail time of up to a year, license suspension of up to 60 days for a first offense and up to a year for a second offense, and probable insurance surcharges and other potential costs.

Other states do not have this charge, so if an out-of-state driver is stopped while in Massachusetts and does not have adequate or any insurance on the motor vehicle, it is possible that this driver wouldn’t be charged under Massachusetts law. However, the Mass. law does apply to people who drive in the state for more than 30 days each year, for people who own homes in Massachusetts (even if their primary residence is elsewhere), and for people who run a business in the state.

If you are facing charges for Driving with a Suspended or Missing License or Operating an Uninsured Motor Vehicle in Newburyport, Salem, Boston, Amesbury, Salisbury, Lawrence, Ipswich, or any town in the Essex, Suffolk, or Middlesex counties in Massachusetts, call Criminal Attorney Bonavita immediately at 978-376-6746 or email her with your case information!