Operating After Suspension for DWI / OUI by Attorney Mark Stevens 1-603-893-0074

Operating After Suspension Law.  Charges for operating after your license has been suspended carry harsh penalties.  The penalties are even harsher if your license has been suspended or revoked for operating under the influence of alcohol or drugs ("OUI") or driving while intoxicated ("DWI").  On December18, 2014, the Massachusetts Supreme Judicial Court ("SJC"), issued an opinion reversing a conviction for operating after suspension for OUI that might be helpful if you are facing a trial for an operating after suspension charge.

In Commonwealth v.  Oyewole, 467 Mass. 1108 (2014), the SJC granted further appellate review of a conviction for operating after suspension after a jury waived trial in District Court.  The SJC noted that the Commonwealth was obligate to prove four elements of the this charge beyond a reasonable doubt to sustain its burden of proof at trial: 1). that the defendant operated a motor vehicle; 2). that at the time of that operation the defendant's license to drive was suspended or revoked; 3). that the license suspension or revocation was pursuant to a violation of G. L. c. 90, sec 24 (the Massachusetts OUI law); and 4). "that the defendant was notified that his license was notified that his license was suspended or revoked".

In this case, the record supported findings that the defendant's driver's license had been revoked pursuant to an admission to sufficient facts that led to a Continuance Without a Finding ("CWOF") that resulted in a 60 day license revocation.  He was stopped within the 60 day revocation period.  He still had his driver's license with him at the time of the stop at issue, however, and the Commonwealth did not prove beyond a reasonable doubt that the defendant had ever been notified of his license revocation, despite the prior OUI plea and CWOF.  There was no evidence at trial that the defendant's suspension was ever communicated to him, and the  defendant's conviction was overturned.

If you have been charged with operating after suspension or revocation, it is important to contact a criminal defense attorney immediately.  Call Attorney Mark Stevens today for a case consultation for your Massachusetts or New Hampshire charges at 1-603-893-0074.

Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
Admitted to Practice in Massachusetts and New Hampshire




DISCLAIMER: This is legal advertising.  No attorney-client relationship is intended or created by this post.  



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Happy Memorial Day Weekend from Attorney Mark Stevens Salem, NH DWI Lawyer 1-603-893-0074

http://www.nhcrime.com  Happy Memorial Day Everyone! Please have a safe and police-free Memorial Day Weekend. As always, holiday weekends are a prime time for the cops to amp-up their police presence on the roadways.  Take the extra 5 minutes and make sure you are aware of the precautionary steps you can take to avoid unwanted police hassles while traveling this weekend, or spending time with family and friends.  Before hitting the highway, double check your plate and brake lights, locate and create easy access to your license and registration- keep your inspection stickers up to date (and license plates).   Equipment violations are a great way to find yourself in the flashing blues of a police car despite your "good driver discount status."

Avoid giving the police a chance to legally stop you by making sure that your lights are functioning and any equipment issues have been addressed before heading out.   


As always have a safe and hassle-free weekend!


Attorney Mark Stevens

Law Offices of Mark Stevens
5 Manor Pkwy. Salem, NH 03079
tel. 603.893.0074
fax 603.893.5022
http://www.byebyedwi.com