Legal Question in Criminal Law in Massachusetts
Criminal Complaint: Operating a motor vehicle with a suspended license. 90-23-D
I was pulled over due to a brake light that must have recently gone out. Officer was very cordial and said he'd be back after he ran everything with a warning. He came back with some bad news that he was towing my car and my license was suspended due to a payment default (had absolutely no idea what was going on at this point). This goes back to be being pulled over 8 months prior for having an expired registration. The car is not under my name so I had no idea at the time that the registration was out of date, but anyways thought I paid the fine registration renewal and tow fee all at once. I was never notified by anyone that my license was suspended and my company even passed me during this time for passing the annual driving review in which I thought they looked at your driving record.
But apparently I did not pay the citation and here I am now defending myself for driving on a suspended license, is there anything I can even fight?
3 Answers from Attorneys
If you have a good faith basis to say you did not actually receive notice of suspension, and have credible evidence to support this claim, then this is worth emphasizing at every stage in the process. Other than that, present your case on its specific operative facts; The law is in place to be applied to them and, usually, fairly sort it out.
Every jurisdiction operates a little differently, and every situation is different, but if you can demonstrate that it was an honest mistake, and that you have reinstated your license in the meantime, and you have no prior criminal record, you can try to see if the DA would dismiss the charge upon payment of court costs. Good luck.