Penalty for Driving While Having a
Suspended License Due to Child Support Underpayment
After a license was suspended for a final determination of child support
delinquency pursuant to section 16 of chapter 119A which is permitted by C90
Sec. 22 so the penalties detailed in Ch90 Sec. 23 would apply:
"...be punished for a first offence by a fine of not less than five hundred nor
more than one thousand dollars or by imprisonment for not more than ten days, or
both, and for any subsequent offence by imprisonment for not less than sixty
days nor more than one year..."
and
"...Upon a conviction of operating after suspension or revocation of license or
right to operate under the first paragraph, the registrar shall extend said
suspension or revocation for an additional sixty days..."
Unless this is a CS issue, in which case the suspension remains intact and I
believe the 60-day penalty is tacked on following reinstatement being permitted
by the DOR:
"Upon exhaustion of administrative remedies provided in section 16 of chapter
119A, an individual aggrieved by a final determination of the department of
revenue, as adopted or acted upon by the registrar, may seek judicial review of
the final determination issued by the department of revenue in the court where
the child support order was issued, which has jurisdiction to register the
order, or which issued the subpoena, warrant or summons, within 45 days of the
date of the registrar’s notice to such individual that his license, learner’s
permit, right to operate a motor vehicle or certificate of motor vehicle
registration is subject to suspension, nonissuance or nonrenewal; provided,
however, that a request for judicial review shall be by action against the
department of revenue and not the registrar and shall be accompanied by a copy
of the department of revenue’s final determination. Such review shall constitute
the exclusive remedy for individuals aggrieved by a final determination as
adopted or acted upon by the registrar under section 16 of chapter 119A;
provided, however, that such review shall not limit an individual’s appellate
remedies. The provisions of section 28 shall not apply."
Sec 28 details how you have a right to appeal the registrar's decision to
suspend/revoke.
References:
C90 TOC:
http://www.mass.gov/legis/laws/mgl/gl-90-toc.htm
C90 S22:
http://www.mass.gov/legis/laws/mgl/90-22.htm
C90 S23:
http://www.mass.gov/legis/laws/mgl/90-23.htm
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