CH7 - Suspension And Revocation Flashcards
Elements of operating after sus/rev
Operate upon a way or in any area
- with a suspended or revoked DO
Arrest in presence in public - complaint anywhere else
Two ways to show knowledge for operating after suspension
- Written notice
- Otherwise aware
Suspended or revoked registration
Complaint
Mandatory minimum OUI suspension operating after
60 days
OUI while operating after suspension for OUI
1 year
Suspended driver in their registered MA vehicle
Take plates and tow
- destroy and recycle plates
- confiscate suspended license
Suspended driver in vehicle not registered to him
- leave plates but tow
- confiscate suspended drivers license
Stopping vehicle assuming it’s a registered owner but it’s not
Do not ask for license, apologize and leave
CL- unless they appear OUI immediately
Proof of notice for suspended (3)
- Certificate from registry
- Court docket
- Actual knowledge
Who may receive a the certificate of suspension from the registry for another person
Household members, employer, other agent
What if the person receiving the notice doesn’t speak English
Does not matter - they should understand it is important and need to get it translated
Murphy drives at 1140 outside his hardship license timeframe what should he be charged with
90/10
Permit that has been revoked charge
Op after suspension
Out of state suspended license and no MA license
90/10
Suspended license in MA but active in another state
No defense, operating after suspension
