MV Ch. 7- Suspension/ Revocation Flashcards
Operating After Suspension/ Revocation of License or Registration Ch. 90 Sec 23
Elements:
- Operation
- Anywhere
- Suspension or Revocation
- Driver’s license or right to operate
-Registration - Notice
- Sent written notice, or
- otherwise aware
The suspect must operate a vehicle; upon any way or in any other area; with a suspended or revoked Driver’s license, right to operate, or registration; And the suspect must have been: 1. Sent written notice that his driver’s license, right to operate, or registration had been or was about to be suspended/revoked; or 2. Otherwise aware that his license, right to operate, or registration had been or was about to be suspended/revoked.
Suspended/ Revoked License:
When may officers make a warrantless arrest in presence?
offense is committed on a PUBLIC WAY.
Otherwise, citation as complaint application.
The plain language of Sec 21 indicates that the arrest power only applies to a violation in presence. (ex. defendant who was arrested for “use without authority” even though officers found him outside the car 15 minutes after it had crashed. The court found that this arrest wasa improper because, without o observed observation, it was not in presence. The logic of this case applies with equal force to a motorist operating suspension. )
Suspended/ Revoked Registration:
Enforcement:
Complaint. Citation as complaint application.
No arrest permitted. (no right of arrest for operating after revoked registration because it is not covered by 90 sec 21, and it is not a breach of peace)
Does operating after suspension/revocation have to occur on a public way?
No.
a person operating after suspension/revocation may be charged for operating anywhere, but should only be arrested under 90 Sec 21 when observed traveling on a public way.
Suspension for Mass. OUI Conviction (including OUI in vessel under chapter 90B)
Mandatory minimum incarceration:
60 days. (this enhanced penalty only applies to Mass OUIs; it may not be charged based on an out-of- state OUI suspension.)
True or false?
In the case of a revoked registration, it is also a crime if the suspect permits another person to operate his vehicle.
True.
Violation of an OUI- related suspension by committing another OUI:
Mandatory minimum:
1 year.
Any sentence to be served “consecutively and not concurrently”.
Suspended Driver stopped in a vehicle registered to him in Massachusetts:
Officers should: (3)
- Remove the Massachusetts plates and tow the vehicle
- Destroy or recycle the plates (“no longer…drop off confiscated or found plates to the RMV… Please recycle or destroy these plates or return them to the vehicle owner (if applicable). Leave out of state plates on the vehicle
- Immediately send the “Report and Affidavit” form to the registry along with an police reports.
Also, Confiscate a suspended driver’s license.
Suspended driver stopped in vehicle with out of state plates:
Should officers seize the plates?
No.
Leave out-of-state plates on the vehicle.
Suspended driver stopped in a vehicle registered to another person:
Officers should: (2)
- Leave the plates on the vehicle, but still tow it.
- Immediately send the “Report and Affidavit” form and any police reports. The RMV may direct the registered owner to appear at a hearing and suspend his registration if he was aware of the offending driver’s suspension status.
Also, Confiscate a suspended driver’s license.
Should officers confiscate a suspended driver’s Massachusetts license?
Yes.
Suspended or revoked operators should not receive their licenses back, even for identification purposes, because it is too easy for them to try to bluff another officer they run into by furnishing what appears to be a valid license. Of course, officers must also continue to confiscate and destry operator’s Massachusetts licenses (never out of state ones )for OUI chemical test refusals or failures.
Should officers confiscate a suspended out-of-state driver’s license?
No. Never.
True or false?
RMV must provide a written report of any suspension/ revocation to the police department where the motorist lives, including name and address; plate number or all registered vehicles; reason for suspension revocation; and a copy of driving record. The RMV must also notify the department up re issuance of license or registration.
True.
Suspension/ Revocation
Proof of notice:
What is the first method?
Certificate.
Officers may prove the suspect’s suspended or revoked status AND notice by obtaining a registry certificate.
- Registry documents are admissible as business records.(only “attested” copies are admissible though)
- Notice may be received by a household member, employer, or other agent.
Suspension/ Revocation
Proof of notice:
Are registry documents admissible as business records?
Yes.
ex. RMV notice letter and defendant’s driving history were properly admitted as business records because they contained the defendant’s name, address, and date of birth.
ex. registry’s mailing confirmation admissible at trial
Suspension/ Revocation
Proof of notice:
May notice be received by a household member, employer, or other agent?
Yes.
Evidence that the RMV sent a letter to the defendant at his “claimed” residence is sufficient.
- since 90 sec 26A requires that a motorist notify the RMV of an address change, it is no excuse if the RMV notice went to an old address.
Suspension/ Revocation
Officer’s testimony alone is (blank) to prove suspended or revoked status.
insufficient.
This is not new. Police have always had to prove operating after suspension with a certified record.
ex. police cannot simply testify that a registry check of a license indicated it was suspended because that would be inadmissible hearsay.
Suspension/ Revocation
Proof of notice:
Is the inability to read English a defense to notice?
No.
because the look of the notice (e.g. official address, state seal, etc) communicates to a reasonable person that it is important and, if not understood, requires translation.
Suspension/ Revocation
Proof of Notice
2nd method:
Court docket.
For court ordered suspensions, notice may be shown by a docket entry or testimony.
Suspension/ Revocation
Proof of Notice
3nd method:
Motorist’s “actual” knowledge.
ex. when officer approach, defendant immediately said he was going to see his attorney to get a new “hardship license”; his statement showed that he knew his current license was suspended.
ex. the defendant could not produce his license during the stop, which undermined his claim that it had not been seized following his OUI conviction 19 days before the stop in this case.
Suspension/ Revocation
Limitation on prosecution for nonpayment:
90 sec 23 states that no” person shall be prosecuted.. upon failure to pay an administrative or reinstatement fee without:
a prior written notice from the registrar mandating payment. “
Charles Murphy was issued a hardship license, allowing him to operate between 8AM and 8PM. Murphy was pulled over at 11:40pm for driving on a flat tire.
Proper charge?
Unlicensed operation 90 sec 10
Suspension/ Revocation:
Suspension charge is applicable even if the defendant never possessed a valid license- so long as his (blank) was revoked.
right to operate.
ex. defendant had been issued a learner’s permit; numerous violations resulted in the revocation of his driving privilege as a habitual offender.
An officer pulled the defendant over for an illegal turn, then discovered his suspended license. Defendant said that he suffered from rheumatoid arthritis and high blood pressure. On the day he was arrested, defendant had exhausted his supply of pain medication. Necessity compelled him to drive to the pharmacy because he could not afford a taxi, his housemate did not drive, and his friend was unwilling to do the errand.
The necessity defense exonerates an offender when the harm resulting from an illegal act is significantly less than the harm from compliance. The (blank) has the burden to prove the absence of necessity.
prosecution.
Officers should pay attention to any excuse offered for operating after suspension because it may be a preview of the accused’s trial strategy.
The necessity defense exonerates an offender when:
the harm resulting from an illegal act is significantly less than the harm from compliance.
The prosecution has the burden to prove the absence of necessity.
Since driving is a privilege, the registrar may suspend or revoke a person’s right to operate.
For individuals under 16, their loss of the right to operate begins on:
the date when they would have been eligible for a license.
(Blank) is a temporary withdrawal of a person’s license or right to operate. (Blank) may also affect vehicle registrations , titles, or other registry documents.
Suspension(s)
(Blank) is for more serious transgressions. Specified time periods may be set, and they are usually much longer than suspensions. Registry custom calls for a person who has his license revoked to complete a course and be reexamined prior to reinstatement.
Revocation.
Must a person who has his license revoked complete a course and be re-examined prior to license reinstatement?
Yes.
Types of Suspensions and Revocations:
Mandatory license suspensions:
Under various statutes, the registrar shall suspend or revoke a person’s right to operate if the person is found guilty of certain crimes, or responsible for certain CMVIs.
Continuances without a finding (CWOFs) do NOT count, unless its:
OUI.
For these particular violations, the RMV has no discretion in these circumstances.
