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Posted by: capefiveo

What is the current feeling towards dual license status'(one active and one susp). I thought I recalled that the susp status overruled the active status. Any case law would be an added benefit if applicable.

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Posted by: Harley387

Quote:

Originally Posted by capefiveo @ Fri 09 Jul, 2004 05:59 What is the current feeling towards dual license status'(one active and one susp). I thought I recalled that the susp status overruled the active status. Any case law would be an added benefit if applicable.

You are correct. Though personally, I would summons rather than arrest in such a case.

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Posted by: radiocop

Usually happens when the person was cited using an out-of-state license. Didn't pay ticket and was then suspended under and X or A number. Then they move to Mass and get a Mass license. They are still suspended regardless, but I agree with Harley and would summons rather than arrest. If the RMV is stupid enough not to cross-reference when somebody seeks a license here then the person gets the benefit of the doubt.

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Posted by: Mikey682

Ive run into situations where a motorist has an active NH or CT license, but its status is suspended in Mass for not paying citations or too many citations in Massachusetts. I and everyone else Ive worked with treats it as a suspended license and either C.A.'s or arrests.

I did a little research on it but couldnt find any Massachusetts case law regarding this. I don expect there would be though, I'd just look for the operator's license status in Mass and go from there.

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Posted by: j809

If your right is suspended in MA then it's suspended. If they get a citation in MA on an out of state license they automatically get an A# from the RMV. If they don't pay the citation or appeal it and show up to court, that A number turns into a suspension. Their license is not suspended, but their right to operate in MA is suspended. Still 90/23 and yes you can arrest or summons.

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Posted by: Blackdog

I'm not an officer yet, but hope to be a PO soon. Anyway here's my story. When I was a student at Northeastern University I got a ticket for changing lanes (because I crossed over a solid line). So as a poor college student I scrapped up the money and sent in the money order for $100. That was the end of that............right???????????? Nope.

7 years later I was driving home from work in my junker 78 Nova with no radio. I had head phones on listening to a cassette and I got pulled over by MSP. He ran a check on me and found that I had a suspended privilege to drive in MA. I'm a Rhode Island resident and have a valid RI license.

So what happen is for some reason they never recieved my Money order and suspended my privilege to drive in MA. I never heard anything. No notices to my house in RI or anything!!!!! I would had followed up if I knew the Money order never made it.

The officer said he could arrest me, but decided to tow my vehicle and let me go. I spent the day in Boston sorting the whole situation out

Rich

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Posted by: BartA1

Rich,

I had a similiar situation happen to me about 12 years ago. I was delivering pizzas the summer after I graduated high school was driving a beat up chevy monte carlo I got bagged with an expired inspection sticker got gigged the 35.00 bucks I sent the check in within the 21 days. about 45 days letter I get a letter from the RMV stating my license is about to be suspended for non payment. I went into the local RMV office is Roslindale and was told by the old bat that I must have never paid it, and the suspension was gonna happen. I called the bank and what do you know the check cleared. I got the cancelled check and went back to the registry. the old bat proceeded to tell me that is my fault because I wrote my license number on the check instead of the ticket number, and thats why they didnt credit me with paying the citation. Lesson of the story is follow up follow up. The trooper in this case did the right thing by you. He could have slapped the cuffs on you and hauled you in.

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Posted by: nightcopppa

If their right to operate is suspended in another state, and not in Mass, then the operator would be operating a MV without a license Ch. 90 sec. 10. Remeber to charge correctly or it could get thrown out of our wonderful Mass Court system.

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Posted by: mpd61

Quote:

Originally Posted by nightcopppa @ 05 Sep 2004 15:21 If their right to operate is suspended in another state, and not in Mass, then the operator would be operating a MV without a license Ch. 90 sec. 10. Remeber to charge correctly or it could get thrown out of our wonderful Mass Court system.

Or you could just throw a bag of "94c" in the car. Nice easy report.

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Posted by: TPRSERG

Quote:

Originally Posted by Blackdog @ Fri 03 September, 2004 9:01 pm I had head phones on listening to a cassette and I got pulled over by MSP. Rich

Rich, you got two breaks! He could have locked you up and gigged you for 90-13, Impeded Op, for the headphones.

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