Operating unlicensed arraignments NOT on CORI? | MassCops

Operating unlicensed arraignments NOT on CORI?

Discussion in 'Patrol' started by NEPS, Jun 22, 2017.

  1. NEPS

    NEPS 75th N.H.P.A.

    I don't know why I am surprised, but I have had occasion to check on the records of several drivers who were arrested for operating unlicensed. I found the RMV record reflected the charges (the dismissal of the charges, of course) but I could NOT find any record of the arraignment and dismissal on the BOPs.
    Has anyone else seen this? Does anyone know if this is district court policy or merely a few district courts that decide not to record unlicensed operation arraignments on the BOP?
    Thanks for any info.
     
  2. Edmizer1

    Edmizer1 MassCops Member

    My understanding as explained to me by a clerk magistrate is that simple 90/10 Unlicensed is treated by the courts as a Civil Motor Vehicle Offense. Even though it is arrestable and is filed by a police officer as criminal offense, it is processed by the court as non-criminal. You won't see it on a BOP. Apparently there are a few statutes like this. I think Walk/Ride on Railroad Tracks is also treated the same way, meaning it is arrestable and filed by police as a criminal offense but treated by the courts as civil.
     
    NEPS likes this.
  3. Kilvinsky

    Kilvinsky I think, therefore I'll never be promoted.

    That settles that. Next time my license is up for renewal, I let it lapse, take my chances and then skate if I get caught! Oh the money I'll save!!!!
    :p
     
    Goose and pahapoika like this.
  4. felony

    felony MassCops Member

    I have seen it go both ways. Its usually 5 on the DH of 90/10, then 1 on the BOP for 90/10. I think it all depends on the court house. Usually most 90/10/A offenses are dismissed with court cost anyway.
     
    NEPS likes this.
  5. felony

    felony MassCops Member

    Yup, all you have to pay is $40 for bail if the officer even goes that far. The down side is the $130 police tow, plus storage of course. Although being a WM, they will throw the book at you in court.
     
    pahapoika likes this.
  6. Bloodhound

    Bloodhound MassCops Member

    I've given up charging 90/10 for most circumstances (that usually involve a Brazil passport). Full boat civil citation, which they know to pay so they don't get a suspended status, and a tow. It's cheaper for them to receive a crim app and go to court to just pay court costs.
     
    NEPS likes this.
  7. Kilvinsky

    Kilvinsky I think, therefore I'll never be promoted.

    There goes my plan, right down the jailhouse potty.
     
  8. NEPS

    NEPS 75th N.H.P.A.

    Thanks for the answers, all.
     

Share This Page