Operating After Suspension Subsequent Offense Dismissed.

• Steven Topazio wrote this January 14, 2020 at 10:50 pm

The client was arrested when State Police were drawn to the client’s car because he had installed an aftermarket back up camera over the number plate that obscured the state of origin and registration validation sticker.  When the officer asked for the client’s driver’s license, he produced a valid Georgia driver’s license.  The officer ran a query of the client’s name in both the Georgia and Massachusets registries and the Massachusetts registry revealed that the client’s driving privileges were suspended.  The client was charged with operating with a suspended license subsequent offense in violation of MGL c 90 § 23.   According to statute, any person convicted of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person, and prior to the restoration of such license or right to operate, shall be punished for a first offence by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not more than ten days, or both, and for any subsequent offence by imprisonment for not less than sixty days nor more than one year.  Although the client was facing a sentence for the subsequent offence, and despite the fact that the client’s driving privileges in Massachusetts were in fact suspended, Attorney Topazio convinced the prosecution and the court to dismiss the case on court costs.