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Main Page 90/12 Question
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Posted by: OutOfManyOne

Ok, allowing unlicensed operation, is it now a $500 fine and do you write it as a civil or criminal app?

Posted by: Gil

I have written a few civil's for it but now I am hearing it's criminal.... I was never called on it either way.

Posted by: SinePari

It was changed from civil to criminal early this year. I just found out myself.

Posted by: Mikey682

If it is a person that allowed the unlicensed operation, it is a criminal app. If it is a commerical business or company that allowed the unlicensed operation, it is a civil fine. It sounds backwards, and its confusing, but that was how it was explained to me when the law was changed, and I have been criminal app'ing for it. One went to trial, and the ADA enforced the new law the new way.

Posted by: Robert35

Some courts have been sending back the V's if you don't write it up as Criminal Comp. But the Law is now Criminal Complaint. Means more paperwork for us. But on the other end more Court Time $$$ too.

Posted by: j809

This is good to know.

Posted by: Dr.Magoo

Just something else to CWOF.

Posted by: Sniper

Thanks for sharing guys........

Posted by: Rock

Quote:

Originally Posted by Robert35

Means more paperwork for us. But on the other end more Court Time $$$ too.

Who is getting court time out of this charge???

Judge to defendant: "Dismissed forthwith upon payment of $200.......Next!"

Posted by: SPINMASS

If the guy is a shitbag enough, maybe it will go forward and you will get your court time. Never hurts to try.

Posted by: frapmpd24

Quote:

Originally Posted by Rock

Who is getting court time out of this charge???

Judge to defendant: "Dismissed forthwith upon payment of $200.......Next!"

Regarding allowing unlicensed operation, the new criminal penalities and increased civil fine is all well and good, but not worth the paper it is written on unless the end results include some punitive measure more than A) CWOF, B) 6 months unsupervised probation and C) court costs. Just like Melanies Law, there were some nice additions to the legislation, but until the courts make some wholesale changes in the way the OUI circus side shows are heard, the end result will be the same, a lot more work and time spent for the police and lackluster result in court.

On a side note, don't forget to go and buy Monopoly: "The Massachusetts Courts Edition." Great for you last minute Christmas shoppers.

The rules have changed from the original version slightly. "GO" has been replaced by "The Court". Instead of receiving money, you pay court costs and receive a dismissal card every time. Sadly, there is no more jail on the game board, it has been reduced to a COWF square. If your lucky you may get one of those "Chance" cards, in which you may be sent to counseling because you have Bi-Polar or ADHD and are in no way responsible for your decisions or the church to find God. Boardwalk and Parkplace have been replaced by Cambridge and Wellesley, The trains include each respective T line, and Baltic Avenue is now Southbridge.

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