Massachusetts G.L. c. 90, § 23: Operating After Suspension or Revocation of License
If you're looking at this page, you may have just been pulled over and charged with driving on a suspended license. Take a breath. This charge is serious—but understanding what you're facing is the first step toward protecting your driving privileges and your record.
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You Just Got Charged. Here's What You Need to Know.
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If you are looking at this page, you may have just received charging documents citing Massachusetts G.L. c. 90, § 23. This statute makes it a crime to operate a motor vehicle while your license or right to operate in Massachusetts is suspended or revoked. Understanding the charges, what the prosecution must prove, and your options is the first step toward protecting your driving privileges and your record.
Call (978) 969-2890 for a free consultation.
If you are looking at this page, you may have just received charging documents citing Massachusetts G.L. c. 90, § 23. This statute makes it a crime to operate a motor vehicle while your license or right to operate in Massachusetts is suspended or revoked. Understanding the charges, what the prosecution must prove, and your options is the first step toward protecting your driving privileges and your record.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 90, § 23 Prohibit?
Massachusetts General Laws Chapter 90, Section 23 makes it a crime to operate a motor vehicle after your license or right to operate has been suspended or revoked and before it is restored. The driving does not have to happen on a public way. This is a separate offense from whatever caused the suspension. For example, if your license was suspended for an OUI conviction and you are caught driving, you face both the original OUI consequences and a new charge under Section 23. No one can be prosecuted for driving after a suspension for an unpaid reinstatement fee unless the Registry first sent written notice demanding payment.
What the Prosecution Must Prove
To convict you under G.L. c. 90, § 23, the Commonwealth must prove three elements beyond a reasonable doubt:
Operation of a Motor Vehicle — You operated a motor vehicle. The driving does not have to be on a public way.
License Was Suspended or Revoked — At the time of operation, your license or right to operate in Massachusetts was suspended or revoked and had not yet been restored.
Knowledge or Notice — You, or someone acting for you such as a household member or employer, received notice that your license or right to operate had been or was about to be suspended or revoked.
Critical Defense Point: The Commonwealth does not have to prove you personally knew about the suspension, only that the notice was received. You can offer evidence that it never arrived. Because proper mailing by the Registry is itself evidence of receipt, whether the notice was received is a question of fact. The District Court's model jury instruction for this charge is Instruction 5.200.
Operation of a Motor Vehicle — You operated a motor vehicle. The driving does not have to be on a public way.
License Was Suspended or Revoked — At the time of operation, your license or right to operate in Massachusetts was suspended or revoked and had not yet been restored.
Knowledge or Notice — You, or someone acting for you such as a household member or employer, received notice that your license or right to operate had been or was about to be suspended or revoked.
Critical Defense Point: The Commonwealth does not have to prove you personally knew about the suspension, only that the notice was received. You can offer evidence that it never arrived. Because proper mailing by the Registry is itself evidence of receipt, whether the notice was received is a question of fact. The District Court's model jury instruction for this charge is Instruction 5.200.
Penalties for Operating After Suspension Under Massachusetts Law
Penalties vary significantly depending on why your license was suspended and whether this is a first or subsequent offense.
First Offense (Standard Suspension)
● If you have never before been convicted of, found responsible for, or had sufficient facts found on this charge, and your suspension was not OUI-related: a fine of up to $500
● Otherwise, for a first conviction: a fine of $500 to $1,000, up to 10 days in jail, or both
● On conviction, the Registry extends the suspension or revocation by 60 days
● Otherwise, for a first conviction: a fine of $500 to $1,000, up to 10 days in jail, or both
● On conviction, the Registry extends the suspension or revocation by 60 days
Subsequent Offense (Standard Suspension)
● 60 days to 1 year in jail (mandatory minimum 60 days)
● On conviction, the Registry extends the suspension or revocation by 60 days
● On conviction, the Registry extends the suspension or revocation by 60 days
Operating After OUI-Related Suspension
● Fine of $1,000 to $10,000
● 60 days to 2½ years in a house of correction (mandatory minimum 60 days); cannot be continued without a finding or placed on file
● Additional 1-year license suspension
● 60 days to 2½ years in a house of correction (mandatory minimum 60 days); cannot be continued without a finding or placed on file
● Additional 1-year license suspension
Committing OUI While License Suspended for OUI
● Fine of $2,500 to $10,000
● 1 year to 2½ years in a house of correction (mandatory minimum 1 year)
● The sentence cannot be suspended and runs after any other sentence; the case cannot be continued without a finding or placed on file
● 1 year to 2½ years in a house of correction (mandatory minimum 1 year)
● The sentence cannot be suspended and runs after any other sentence; the case cannot be continued without a finding or placed on file
Habitual Traffic Offender Suspension
● Fine of $500 to $5,000
● Up to 2 years imprisonment
● Or both fine and imprisonment
● Up to 2 years imprisonment
● Or both fine and imprisonment
Collateral Consequences
● Criminal record that appears on background checks
● Extended license suspension period
● Increased insurance rates
● Professional license implications
● Immigration consequences for non-citizens
● Extended license suspension period
● Increased insurance rates
● Professional license implications
● Immigration consequences for non-citizens
Related Criminal Charges
● G.L. c. 90, § 10: Operating Without a License
● G.L. c. 90, § 24(1)(a): Operating Under the Influence
● G.L. c. 90, § 34J: Operating Uninsured Motor Vehicle
● G.L. c. 90, § 9: Operating Unregistered Motor Vehicle
● G.L. c. 90, § 22(a): Immediate Threat Suspension
● G.L. c. 90, § 24(1)(a): Operating Under the Influence
● G.L. c. 90, § 34J: Operating Uninsured Motor Vehicle
● G.L. c. 90, § 9: Operating Unregistered Motor Vehicle
● G.L. c. 90, § 22(a): Immediate Threat Suspension
Defending Against Operating After Suspension Charges
The notice requirement creates real defense opportunities. The Commonwealth must prove that you, or someone acting for you, received the Registry's notice. A Registry certificate prepared for trial stating that the notice was mailed is not admissible to prove notice; the Commonwealth has to rely on proper records made at the time. This creates opportunities to challenge the evidence.
Other defenses may include challenging whether you were actually operating the vehicle, or whether the suspension was properly issued in the first place. An experienced attorney can evaluate the Registry's records and identify weaknesses in the prosecution's case.
Other defenses may include challenging whether you were actually operating the vehicle, or whether the suspension was properly issued in the first place. An experienced attorney can evaluate the Registry's records and identify weaknesses in the prosecution's case.
Common Questions About Operating After Suspension Charges
Does this charge only apply if I was driving on a public road?
No. Unlike many motor vehicle charges, operating after suspension does not require that the driving happen on a public way.
What if I never got the Registry's notice?
The Commonwealth must prove that you, or someone acting for you such as a household member or employer, received notice that your license was or was about to be suspended. You can offer evidence that the notice never arrived. Proper mailing by the Registry is evidence of receipt, so this becomes a question of fact for the judge or jury.
Can I be charged for driving outside the hours of my hardship license?
Not under Section 23. Once the Registry has issued you a hardship license, driving outside its hours is charged as operating without a license under G.L. c. 90, § 10, not as operating after suspension.
What To Do Right Now
If you've just been charged with operating after suspension, here's what you need to know:
● Don't talk to police beyond basic identification—anything you say can be used against you
● Don't drive again until you understand your license status
● Don't ignore the charge—failure to appear will make things worse
● Check your Registry record to understand why your license was suspended
● Gather any evidence of address changes or non-receipt of notices
● Write down everything you remember while it's fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
● Don't talk to police beyond basic identification—anything you say can be used against you
● Don't drive again until you understand your license status
● Don't ignore the charge—failure to appear will make things worse
● Check your Registry record to understand why your license was suspended
● Gather any evidence of address changes or non-receipt of notices
● Write down everything you remember while it's fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
We're Here To Help
Facing charges under G.L. c. 90, § 23 can complicate an already difficult situation with your driving privileges. Understanding the specific charges and potential defenses is critical.
For more than 30 years, we have helped people through exactly what you're facing now. A free consultation gives you the chance to understand your charges, learn about your defense options, including challenging the notice requirement, and decide how to move forward. Learn why working with us is the right choice.
Call (978) 969-2890 for a free consultation. Serving Greater Boston and Eastern Massachusetts.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For more than 30 years, we have helped people through exactly what you're facing now. A free consultation gives you the chance to understand your charges, learn about your defense options, including challenging the notice requirement, and decide how to move forward. Learn why working with us is the right choice.
Call (978) 969-2890 for a free consultation. Serving Greater Boston and Eastern Massachusetts.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
