Legal Question in DUI Law in Massachusetts

driving on suspended license

I had my license suspended for refusing a breathalyzer, but had the OUI dismissed in court. I was given 2 years without a finding for negligent operating, and lost my license for 180 days. I was recently pulled over driving on a suspended license. However I wasn't doing anything to warrant being pulled over (i.e. weaving, speeding), they just ran my license for some reason on the highway as I was on my way home from college for winter break and found out my license was suspended. Is this legal? And if so how can it affect my 2 years without a finding that I received for negligent operating?


Asked on 12/20/05, 10:10 pm

2 Answers from Attorneys
Martha Kovner Law Offices of Martha J. Kovner

Re: driving on suspended license

As to whether the stop is legal--I would have to see the police report and see what the police stated. In terms of your CWOF, have you been given a notice of probation surrender? If your probation officer seeks a Guilty finding on Negligent Op case--you will lose your license for an additional 60 days. My advice--hire a lawyer--if you can make the op susp lic case go away then the probation surrender will also go away. Hope that this helps--please feel free to contact me further. Martha Kovenr

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Answered on 12/21/05, 7:47 am
James Hall Qua, Hall, Harvey & Walsh

Re: driving on suspended license

You need to get an attorney. Generally, an officer can run your plate without a reason, but the police report may reveal an evidence which can challenge his discretion.

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Answered on 12/21/05, 8:58 am


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