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Written By: Matthew W. Peterson
Published: 11/07/2019
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The penalties for driving with a suspended license are generally minor. If your license was suspended for OUI, this may be more serious.
If your driver’s license is suspended and you’re caught driving, this can mean anything from jail time to a fine. The charge is operating with a suspended license and is sometimes called OAS (operating after suspension). In many courts around Massachusetts, these types of charges are regularly dismissed upon paying a minor fine, but if you have a long history of these offenses, this could be more serious.
Technically, on your first offense, an OAS can mean up to 10 days in jail and/or a $1,000 fine. A second offense means up to a year in jail, while repeated offenses can be a felony.
If you’re convicted of operating after suspension, your license will also be suspended for an additional sixty days.
However, there are many ways to avoid these consequences, such as a dismissal of the case on payment of a fine or a continuance without a finding. Many courts will also continue the case to allow you to reinstate your license, and then dismiss the case once you get your license back.
If your license was suspended because of an OUI, the penalties are much more serious, including mandatory jail time.
A mandatory minimum sentence of 60 days in the House of Corrections is a $1,000 fine. The Court will suspend your license for an additional year.
If your license is suspended because of an OUI arrest and you drive before the OUI case is resolved, the penalties are more severe. There is a mandatory minimum of one year in jail, a $2,500 fine, and an additional one-year license suspension.
If you’ve been arrested for operating after suspension (OAS), contact a criminal defense attorney in Boston MA as soon as possible. Although my office is located in Boston, I handle criminal cases all around Massachusetts. Contact the Law Office of Matthew Peterson today at (617) 295-7500, and let’s get started on your defense.
Common reasons for a driver’s license suspension include accumulating too many traffic violations, driving under the influence (DUI or OUI), failing to pay fines or child support, and medical conditions that affect driving ability.
To reinstate a suspended license, you typically need to fulfill specific requirements, which may include paying fines, completing a driver education program, or providing proof of insurance. It’s advisable to check with your local Department of Motor Vehicles (DMV) for precise steps.
Yes, you can often appeal a license suspension. The process varies by state, but it usually involves filing an appeal with the appropriate court or agency and may require a hearing.
If you are pulled over while driving with a suspended license, remain calm and polite. Provide the officer with your identification and explain your situation. It is advisable to consult with a legal professional afterward to understand your options and potential consequences.
Some jurisdictions offer diversion programs or plea deals that may reduce penalties for driving with a suspended license, especially for first-time offenders. Consulting with a criminal defense attorney in Boston MA can help you explore these options based on your specific case.
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