Operating After Suspension

Highly Experienced Boston Traffic Law Attorney Committed to Aggressively Protecting Your Driving Privileges

Driving on a suspended license is one of the most common reasons people end up in criminal court for a traffic offense in Massachusetts. Whether your license was suspended for unpaid tickets, an OUI, insurance issues, or simply due to RMV confusion, being caught behind the wheel can lead to real criminal penalties—including jail time for repeat offenses. At the Law Office of Patrick J. Murphy, we take these charges seriously. As a seasoned Boston traffic ticket lawyer with more than 27 years of experience, Attorney Murphy knows how to untangle license issues, challenge questionable suspensions, and protect clients from long-term consequences.

Understanding the Charge

Massachusetts General Laws Chapter 90, Section 23 makes it a crime to operate a motor vehicle after your license or driving privileges have been suspended or revoked. This isn’t a civil infraction—it’s a misdemeanor that triggers a court summons or arrest. Importantly, even if you didn’t realize your license was suspended, you can still be charged. That’s why many people are surprised to learn they’re facing criminal prosecution over something they believed was a paperwork mistake or RMV oversight.

Common Reasons for Suspension in Massachusetts

Your license may be suspended for reasons including:

• Failure to pay speeding or traffic tickets
• An active warrant or default in court
• A prior OUI conviction or breath test refusal
• Drug convictions, even those unrelated to driving
• Lack of insurance
• Medical or vision-related disqualification
• Too many moving violations in a short period

Each of these comes with different procedures for reinstatement, which can be confusing without guidance. A Boston traffic ticket attorney can help you identify the reason for your suspension and move quickly to fix it while defending the criminal charge.

What Happens When You’re Charged

If you’re stopped while driving on a suspended license, you may be:

• Arrested at the scene
• Given a criminal citation with a mandatory court date
• Summoned to a clerk magistrate’s hearing to determine whether a complaint will issue
  At your first court appearance (arraignment), a conviction could follow if you plead guilty or fail to show up with proper legal representation. That’s why early action is key.

Penalties You Could Face

A first offense for operating after suspension typically results in:

• Up to 10 days in jail (rarely imposed)
• A fine of $500 to $1,000
• Additional RMV suspension time
• A criminal record

For those who already have an operating after suspension conviction on their record, a repeat offense carries much harsher penalties:

• Mandatory minimum of 60 days in jail for second and subsequent offenses
• Increased license suspension periods
• Classification as a habitual traffic offender
  For individuals whose suspension is related to an OUI, the penalties are even more severe—including up to 2.5 years in jail.

Can You Beat the Charge? Key Defense Strategies

Yes—and there are several avenues for defense, depending on the facts of your case:

No notice of suspension. The RMV must prove you received proper notice that your license was suspended. If your address was outdated or the notice never arrived, your attorney can raise a “lack of notice” defense.

Driving for necessity. If you were driving for an emergency (e.g., medical need, family crisis), the court may consider this a mitigating factor.

Administrative errors. Sometimes, licenses are suspended in error due to outdated records, misfiled paperwork, or confusion after paying fines. In these cases, Attorney Murphy may be able to resolve the criminal charge quickly once the RMV issue is corrected.

Clerk magistrate hearing advocacy. If you’re entitled to a clerk’s hearing, it may be possible to prevent the case from going on your record at all.

FAQs: Operating After Suspension in Boston

Will I go to jail for driving on a suspended license? Not usually for a first offense—but jail is mandatory for repeat offenses or certain types of suspensions, such as those related to OUI.

Can I fix my license before court? Yes, and it often helps. Getting reinstated or showing a good-faith effort can improve your outcome in court.

Can I still get a hardship license? Depending on the reason for your suspension, you may be eligible for a limited-use license—but not if you’re convicted of operating after suspension.

Does this charge stay on my record? Yes, if you are convicted. But with the help of a Boston traffic ticket lawyer, many of these cases can be resolved without a permanent record.

Reinstate Your Rights Before the Court Makes It Harder

Operating after suspension is one of those charges that seems simple—until it isn’t. A conviction can delay your ability to get your license back, increase the penalties for future violations, and leave you with a criminal record that’s hard to erase. Don’t wait until the RMV or the court makes your situation worse. Call the Law Office of Patrick J. Murphy today at (617) 367-0450 and speak with a Boston traffic ticket lawyer who knows how to turn a license problem into a legal solution.