Massachusetts traffic laws can often be exceedingly complex, confusing, and illogical. In particular, there is an assortment of laws related to driving without a license or with a suspended license, with each offense carrying a distinct sentence. The devil, as always, is in the details. One of the crimes in this category that carries a particularly harsh sentence is that of operating a motor vehicle with a driver’s license that was suspended for OUI. The maximum penalty for this offense is two-and-a-half years in jail (with at least 60 days served), and an additional one-year loss of license.
In order to establish that a defendant committed a crime, the Commonwealth must prove each element of the offense beyond a reasonable doubt. The elements of driving with a license suspended for OUI are as follows: (1) Operating a vehicle on a public way; (2) with license suspended or revoked; (3) due to having previously admitted to sufficient facts for a finding of guilty of OUI; and (4) with proper notice that said license had been suspended or revoked.
In a recent case before the Massachusetts Appeals Court, a criminal defendant appealed his conviction for operating with a license suspended for OUI, on the grounds that he was not given proper notice of the suspension, and therefore that the Commonwealth did not prove the fourth element of the crime. In a 2-1 decision, the Appeals Court found for the Commonwealth, upholding the conviction. However, the dissenting judge, Justice Agnes, used some interesting reasoning that, if it were to be adopted by a majority of judges, would be beneficial to criminal defendants and defense attorneys.
The only evidence the Commonwealth presented pertaining to the fourth element was a docket entry included in a trial exhibit, showing that the defendant admitted to sufficient facts in his previous OUI case, and that the sentence included a 60-day loss of license. However, as Justice Agnes pointed out, the docket entry did not say that the defendant received notice that his license was suspended and that the suspension was effective immediately.
The majority reasoned that the docket entry provided a basis to make a reasonable inference that the defendant had notice of the suspension. However, Justice Agnes countered that an inference is not enough to prove the element beyond a reasonable doubt, if there is no additional corroborating evidence. Also, there were facts in the case that actually undermined the inference in question. Specifically, the defendant’s license should have been confiscated when he was convicted of OUI, but it apparently was not, since he had it with him when he was later pulled over.
Justice Agnes wrapped up his dissent by asserting that a criminal defendant’s Due Process rights place the burden on the Commonwealth to prove each element beyond a reasonable doubt, and that, in this case, it did not meet that burden. While Justice Agnes is an outlier at this point, his dissent does provide a glimmer of hope for some criminal defendants and defense attorneys who handle traffic crimes.
If you have been charged with violating Massachusetts traffic laws, you should immediately seek out the assistance of an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.
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