One of my clients recently contacted me looking for a referral to a criminal defense lawyer. The client had an 8 year OUI 3rd offense revocation and I was working with the client to put together a package of documents for a hardship license hearing. We were preparing to go before the Board of Appeal once the client had the required documentation and had saved enough money for legal representation at the Board of Appeal, installation of the ignition interlock, and the $1,200.00 reinstatement fee which the Registry charges.
The client made the mistake of driving while her license was revoked for DUI and she got caught. This will disqualify her from being considered for any type of hardship relief for at least a year. Also, if she is convicted, the RMV will take her license for an additional year and she faces minimum mandatory jail time. Both Massachusetts courts and the Registry treat operating after suspension as a serious offense, especially when the person’s license was suspended for OUI. A case of this nature cannot be continued without a finding or filed. Furthermore, no sentence and be reduced or suspended until the defendant serves at least 60 days in jail.
The Board of Appeal sometimes interprets driving on a suspended license as evidence of a lack of respect for the law and recent convictions for OAS will make it very difficult to obtain a hardship license. In this particular case, the client’s actions have delayed her hardship license eligibility for at least a year, during which time there must be no evidence of operation. Even after having served an additional year, there are no guarantees that she will receive approval for a hardship license.
In a DUI case where the defendant is on probation, driving a motor vehicle may also result in a probation violation. This is because repeat DUI offenders are usually prohibited from driving as a special condition of probation. Any operation of a motor vehicle would violate this probation condition. Furthermore, getting arrested or charged with a new crime may also trigger a probation violation, for which there may be serious consequences.
As you can see, operating after suspension can be a serious issue, especially where the license was suspended for OUI. It may result in your arrest, violation of probation, disqualification for a hardship license, and the imposition of a mandatory jail sentence.