In Massachusetts the unlicensed operation of a motor vehicle is defined as no person shall operate a motor vehicle upon any way unless licensed by the Registry of Motor Vehicles (RMV). Anyone driving a vehicle in Massachusetts is supposed to possess a valid driver's license in order to drive on the Commonwealth's roads.
If you have been charged with Unlicensed Operation of a Motor Vehicle in Massachusetts, you do not have to fight the charges alone. Ellison Law LLC has experienced criminal defense lawyers who have represented clients on many criminal motor vehicle offenses.
Exceptions to Operating a Motor Vehicle Without a License in Massachusetts
Massachusetts General Laws Chapter 90 Section 10 contains the following seven (7) exceptions to requirement that you are to have a Massachusetts license on a Massachusetts road when driving:
- A person who is licensed in another state or country, has applied for a Massachusetts license but has not yet been given a driver's test, and has been issued a 60-day temporary permit by the Registry of Motor Vehicles;
- A person who possesses a valid Massachusetts learner's permit;
- A person who is licensed in another state and who is accompanying a spouse who is a member of the armed forces on assignment to Massachusetts;
- A member of the armed forces on active duty who has a license issued by the state of his or her domicile;
- A member of the armed forces within 45 days of returning from active duty outside the United States who has a license issued by the armed forces in a foreign country;
- A nonresident who is licensed in the state or country where the vehicle is registered, but for not more than 30 days in the aggregate annually or beyond 30 days after acquiring a regular abode or place of business within Massachusetts unless Massachusetts liability insurance requirements are met; and
- A nonresident who is licensed in the state or country of his or her domicile, if it grants reciprocal privileges to Massachusetts residents.
What does the Prosecution Have to Prove for Unlicensed Operation in Massachusetts?
In order to be convicted of driving a vehicle without a license in Massachusetts, the prosecution must prove the following beyond a reasonable doubt:
- You operated a motor vehicle;
- That the operation occurred on a public way; and
- That you were not licensed to drive.
What is the Penalty for Driving Without a License in Massachusetts?
Operating without a license is a criminal misdemeanor offense in Massachusetts. Under Massachusetts General Laws Chapter 90 Section 20 the penalties for a conviction include:
- A Fine of up to $500 for the First Offense;
- A Fine between $500 and $1,000 for your Second Offense;
- A Fine between $1,000 and $2,000 for your Third Offense;
- A potential Criminal Conviction and Criminal Record
What Should I do if I Received a Citation for Unlicensed Operation of a Motor Vehicle in Massachusetts?
If you have received a citation for Unlicensed Operation of a Motor Vehicle in Massachusetts, there are likely instructions to sign it and send it back to the Clerk's Office. This is a criminal application for a complaint by the police. You can request a Clerk Magistrate's Hearing by signing it and sending it back to the Clerk's Office on the citation. Follow the instructions on the citation because there is a time limit to do this.
You can contact an attorney to represent you on this citation. Ellison Law LLC has experienced motor vehicle criminal defense attorneys who have represented many clients on the charge of Unlicensed Operation of a Motor Vehicle.
What Should I do if I received a Summons to Appear for an Arraignment for Unlicensed Operation in Massachusetts
If you have received a summons to appear at an Arraignment for driving without a license in Massachusetts, you are being formally charged with Unlicensed Operation of a Motor Vehicle. This is a criminal offense that can have collateral consequences to your criminal record. You do not have to fight these charges alone. You can have an attorney represent you on these charges.
Contact a Massachusetts Motor Vehicle Defense Firm
Unlicensed Operation of a Motor Vehicle is a criminal offense in Massachusetts; therefore, it is important to hire an experienced criminal defense attorney. Ellison Law LLC has attorneys who handle Unlicensed Operation of a Motor Vehicle cases. They work hard to provide sound legal advice and to obtain favorable outcomes for all their clients. If you have been charged with Unlicensed Operation of a Motor Vehicle, contact Ellison Law LLC today at 401-230-5520.