Legal Question in Criminal Law in Massachusetts

was just wondering...

My question is: if a person got arrested and put into jail for driving on a suspended liscense, 2nd offense. but the person really wasn't driving, they had switched with the driver when they got pulled over because the driver had been drinking. by coming clean would they release the one that in jail for a probation violation because they are not really guilty? and what would happen to the one who was really driving?


Asked on 9/25/05, 10:44 pm

2 Answers from Attorneys
George Davis Law Office of T. George Davis, Jr.

Re: was just wondering...

I agree with what Attorney Kidd wrote earlier in response to this question. You should bear in mind, however, that if everyone were to come clean at this point and tell the truth, the person who was not actually driving but pretended to be the driver could potentially face a criminal charge of obstructing justice.

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Answered on 9/27/05, 8:18 am
Robert Kidd Law Offices of Robert P. Kidd

Re: was just wondering...

You would need to have a lawyer file a motion for reconsideration or motion for a new trial in front of the judge that sentenced you to jail for driving w/ a suspended licence. In order to prevail you would need to either get the person who was driving to come into court and testify under oath that he was driving, or have him sign an affidavit to that effect. As to what consequences that person would face, it would depend on what type of proof exists against him, his criminal record, etc.

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Answered on 9/26/05, 12:18 pm


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