Cape Cod Suspended License Defenses

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Attorney Powderly has successfully defended clients faced with first and multiple suspended license offenses. If you have been charged with a criminal offense of operating a motor vehicle with a suspended or revoked license, you should immediately contact Attorney Powderly to discuss your options. A first offense is a misdemeanor crime and can carry up to 10 days in jail, fines and an additional license loss. A second or more offense carries from 60 days to 1 year in jail, fines and an additional period of license loss. Call me now for a free case assessment at (508) 343-0676.

What Is The Prosecutor Required To Prove?

1. That the Defendant Operated a Motor Vehicle;
2. That at the time the Defendant was operating a motor vehicle his driver’s license (right to operate in Massachusetts) had been suspended/revoked; and
3. That the Defendant had received notice that his driver’s license (right to operate in Massachusetts) had been or was going to be suspended/revoked on a certain date.

Common Massachusetts Suspended License Defenses

• That the Registry of Motor Vehicles failed to provide proper notice of the license suspension and/or revocation;
• That the Defendant was illegally stop by the police;
• That the Defendant never actually received notice of the license suspension;
• That the Defendant never actually operated the motor vehicle;
• Improper summons by the police including failure to issue the summons within a specified period of time and failure to file the summons with the criminal clerk’s office within a specified period of time.

Massachusetts Suspended License Case Results

CHARGES:

1. No Inspection Sticker
2. Operating a Motor Vehicle with a Suspended License

POLICE REPORT:

 The officer was monitoring traffic when he observed the defendant drive by with a red “R” rejection sticker affixed to the front windshield. The defendant was stopped and produced a driver’s license. Dispatch notified the officer the defendant’s right to drive was revoked due to an Operating to Endanger criminal offense recently committed.
COUNT (1): NOT RESPONSIBLE
COUNT (2): DISMISSED ($200 court costs)

CHARGES:

1. Unregistered Motor Vehicle
2. Uninsured Motor Vehicle
3. Conceal Identity of Number Plate

POLICE REPORT:

 The police officer observes a white Ford truck parked on the roadway with a registration that belonged to a different truck. The defendant (owner of the white truck) tells the police the truck is his.
COUNT (1): NOT RESPONSIBLE
COUNT (2): DISMISSED
COUNT (3): DISMISSED

CHARGE:

1. Operating a Motor Vehicle with a Suspended License Subsequent Offense

POLICE REPORT:

 The police officer observes the defendant driving by him. The officer knows the defendant from previous arrests and knows the defendant does not possess a valid driver’s license. The officer has dispatch run the defendant’s name and he is confirms the defendant does in fact have a suspended license. The officer also finds out the defendant has been previously convicted of this offense on two prior occasions.
COUNT (1): DISMISSED

CHARGES:

1. Operating a Motor Vehicle with a Suspended License Subsequent Offense
2. Operating a Motor Vehicle with a Suspended Registration
3. No Inspection Sticker

POLICE REPORT:

 The police officer is monitoring traffic when he observes the defendant’s vehicle being operated with a rejection emissions sticker. The officer conducts a traffic stop and identifies the defendant as the operator. Dispatch informs the officer the defendant’s license and registration was suspended. The officer also learned the defendant had previously been convicted of operating on a suspended license.
COUNT (1): DISMISSED ($200 COURT COSTS)
COUNT (2): DISMISSED
COUNT (3): DISMISSED