What happens if I am caught driving outside of the 12 hour period during which my Massachusetts Hardship License allows me to legally drive?
If you are found driving a motor vehicle outside of the hours of your Massachusetts Hardship License, you may be arrested or issued a citation. However, even though your original Massachusetts Drivers License was suspended or revoked, the proper charge would not be “Operating After Suspension,” G.L. c. 90, § 23. The arrest or citation would be for the less serious offense of “Unlicensed Operation,” G.L. c. 90, § 10. This is critical, because a conviction of the crime of Operating After Suspension where your Massachusetts license was suspended for “drunk driving” (OUI, DUI, DWI), results in a minimum mandatory sentence 60 days imprisonment. See Comm. v. Murphy (Massachusetts Appeals Court).
