Hello, I am sure this has been asked before but I could not find it when I searched in here for it. We arrested a guy for operating after suspension, upon checking his bop we discovered a past offense with a responsible finding ( converted to civil) we charged his with subsequent offense (and we have done this before many times) and a new clerk at our court said no it's only 1st offense? Any thoughts on this..scheft books say a responsible finding qualified as a subsequent offense, but can't find anything in the actual mgl
Clerk is probably going on the premis that the civil infraction is not a crime so it's not a subsequent offense (thrre was a short period about 7 years ago where OAS was reclassified to civil). Don't spend more than 11 seconds thinking about it because the case will still be dismissed on $300 court costs anyway. Sent from my SM-N960U using Tapatalk
Always gone by a guilty finding when charging subsequent. $300?, usually $50 in my neck of the woods after they claim to have finished grade 12.
Below is from the Mass criminal complaint manual. Interestingly, its says "previously convicted" and does not mention "or responsible" like in some other offenses which can be reduced to civil. My job routinely charges subsequent for civil responsible past OAS offenses but all of ours are automatically dismissed by a judge who does not consider OAS to be worth the court's time. 90/23/E LICENSE SUSPENDED, OP MV WITH, SUBSQ. OFF. c90 §23 (Effective 8/7/09) on [DATE OF OFFENSE:] did operate a motor vehicle after his or her license or right to operate a motor vehicle without a license had been suspended or revoked, or after notice of such suspension or revocation had been issued by the Registrar of Motor Vehicles and received by the defendant or by his or her agent or employer, and prior to the restoration of such license or right to operate or the issuance to him or her of a new license to operate, the defendant having previously been convicted of such an offense, in violation of G.L. c.90, §23. (PENALTY: imprisonment not less than 60 days, not more than 1 year; and RMV shall suspend or revoke license for an additional 60 days.)
