Operating After Suspension Defense in Massachusetts
An OAS charge can mean jail time, extended license loss, and a criminal record that follows you for years. Attorney Adela Aprodu challenges every element of the prosecution's case to protect your driving privileges and your freedom.
Operating After Suspension Under Massachusetts Law
Operating after suspension (OAS) is a criminal offense under Massachusetts General Laws Chapter 90, Section 23. Driving while your license is suspended or revoked can result in fines, jail time, and an extended period without driving privileges. This charge is treated as a criminal motor vehicle offense -- not a simple traffic violation -- meaning a conviction creates a permanent criminal record.
License suspensions arise from many sources: OUI convictions, accumulation of speeding tickets, habitual traffic offender designations, out-of-state suspensions honored by Massachusetts, and even certain criminal convictions unrelated to driving (such as drug offenses). Many drivers are genuinely unaware their license has been suspended until they are pulled over. Attorney Adela Aprodu defends clients facing OAS charges by attacking every element of the prosecution's case.
- First offense (MGL c. 90 §23) -- $500 fine and up to 10 days in jail
- Second and subsequent offenses -- 60 days to 1 year in jail
- OUI-related suspension -- mandatory minimum 60 days in jail regardless of offense number
- Additional consequence -- extended license suspension period added by the RMV
Elements the Prosecution Must Prove
To convict you of operating after suspension, the Commonwealth must prove all three elements beyond a reasonable doubt:
- Operating a motor vehicle -- the defendant operated or had physical control of a motor vehicle; merely sitting in the driver's seat is not enough without evidence of actual driving or intent to drive
- License was suspended or revoked -- at the time of operation, the defendant's Massachusetts driver's license or right to operate was suspended or revoked by the RMV
- Knowledge of the suspension -- the defendant knew their license was suspended or revoked; if the RMV failed to send proper notice or sent it to an outdated address, this element may not be provable
Defense Strategies for Operating After Suspension
- Lack of knowledge -- you never received proper notification from the RMV that your license was suspended; mail sent to an old address or never delivered
- License was reinstated -- your license had actually been reinstated before the traffic stop, and RMV records were not updated
- Not operating -- you were not driving or in physical control of the vehicle at the time of the stop
- Defective RMV records -- administrative errors in the RMV system showing a suspension that should not have been in effect
- Emergency circumstances -- you drove out of genuine necessity, such as a medical emergency, which can serve as a mitigating factor
- Unlawful traffic stop -- the police lacked reasonable suspicion or probable cause for the stop, making all evidence subject to suppression
- Challenging the underlying suspension -- if the original suspension was improperly imposed, the OAS charge may not stand
Penalties at a Glance
- First offense: up to $500 fine and 10 days in jail -- but a conviction still creates a criminal record
- Second or subsequent offense: 60 days to 1 year in jail with no suspended sentence option
- OUI-related suspension: mandatory minimum 60 days in jail, even for a first OAS offense
- A conviction extends your existing suspension period, keeping you off the road even longer
- Insurance consequences: OAS convictions trigger surcharges and can make it difficult to obtain coverage
- Attorney Aprodu negotiates with prosecutors to seek dismissals, reduced charges, and continuances without finding
Frequently Asked Questions
Operating after suspension (OAS) is a criminal offense under MGL c. 90 Section 23. It is charged when a person drives a motor vehicle while their license is suspended or revoked. The prosecution must prove you operated a vehicle, your license was suspended or revoked, and you knew about the suspension. Unlike a traffic ticket, a conviction creates a permanent criminal record.
A first offense carries a $500 fine and up to 10 days in jail. Second and subsequent offenses carry 60 days to 1 year in jail. If the suspension was OUI-related, the mandatory minimum is 60 days in jail regardless of whether it is a first offense. A conviction also extends the existing suspension period.
No. Knowledge of the suspension is a required element the prosecution must prove beyond a reasonable doubt. If the RMV failed to send proper notice, sent notification to an outdated address, or you never actually received it, this is a valid defense. Attorney Aprodu reviews RMV records and mail documentation to build this defense.
Operating after an OUI-related suspension is treated more severely under Massachusetts law. It carries a mandatory minimum of 60 days in jail and the court has limited discretion to reduce this sentence. Attorney Aprodu examines the underlying OUI suspension for procedural errors that can weaken the prosecution's case.
Yes. Common grounds for dismissal include lack of knowledge of the suspension, defective RMV notification, the license was reinstated before the stop, the defendant was not operating the vehicle, or constitutional violations during the traffic stop. Attorney Aprodu files motions to dismiss and suppress evidence when applicable.
A conviction for operating after suspension can result in an additional suspension period added to the existing one. For OUI-related suspensions, the RMV may impose further restrictions. Attorney Aprodu works to avoid convictions that would extend your time without driving privileges.
Contact Us Today For a Free Consultation
Don't face operating after suspension charges alone. Attorney Adela Aprodu is ready to fight for your driving privileges and your freedom.