Massachusetts General Laws Chapter 30 Section 23 makes it a crime to operate a motor vehicle after one’s license has been suspended or revoked. To convict a defendant of this crime, the following four elements must be proven beyond a reasonable doubt:
The defendant operated a vehicle.
At that time, the defendant’s license had been revoked or suspended.
The defendant’s loss of license was pursuant to a violation of General Laws Chapter 90 Section 24(1)(a), 24D, 24E, 24G, 24L, or 24N.
The defendant or his/her agent received notice that the license was or was about to be suspended or revoked. An “agent” of the defendant may be a member of his/her household, his/her employer, or someone who normally handles his/her mail. The prosecutor does not have to prove that the defendant had actual knowledge of the substance of the notice, and constructive notice is enough satisfy this element. While this element is typically established through evidence that the registry mailed a notice, a defendant can introduce evidence of non–receipt of such notice.
This statute also makes it a crime to intentionally attach the wrong license plates to a car to conceal its identity. To convict a defendant of this crime, the prosecutor must prove the following three elements beyond a reasonable doubt:
The defendant attached the license plate to the vehicle or allowed it to be attached.
The particular license plate was not assigned to that vehicle by the Registry of Motor Vehicles (RMV).
The defendant intended to hide the identity of the vehicle by attaching the plate or permitting it to be attached.
Robert J. Wheeler, Jr. is a Massachusetts criminal defense lawyer who is tremendously experienced in motor vehicle crimes defense. For decades, Attorney Wheeler has been successfully defending clients accused of every crime imaginable, from misdemeanors to serious felonies, including murder. He is well–respected in Boston and throughout the entire state for being a uniquely talented, intelligent and aggressive defense attorney. Attorney Wheeler’s entire career, which began in 1981, has been dedicated to defending the rights of the criminally accused.
If you have been charged with a motor vehicle offense or any other crime in Massachusetts, call the Law Office of Robert J. Wheeler, Jr. at 617–973–5858 or send an e–mail for a prompt reply. Attorney Wheeler welcomes calls from clients 24/7, so speak with him as soon as possible to improve your chances of success.