An Act to clarify penalties for violations occurring while driving with a hardship license
Lead Sponsor: Representative David Paul Linsky
Impetus
In Commonwealth v. Murphy, 68 Mass. App. Ct. 152 (2007), the defendant, whose license was suspended for driving under the influence, applied for and granted a hardship license to allow him to drive under certain conditions. When he violated the terms of that hardship license, he was only subject to $100 fine. The Court held that while a person found to be driving a motor vehicle with a license suspended for driving under the influence would be subject to a sentence of 60 days in jail, because the defendant in this instance was granted a right to drive pursuant to the hardship license, he could only be fined.
A defendant whose license was suspended for driving under the influence based on a conviction in another state could not be convicted of driving on a license suspended for operating under the influence because out of state convictions and revocations are not referenced in the statute.
Need
- There are several loopholes in our driving under the influence laws. The granting of a hardship license during a suspension period should not lessen the penalty an individual faces when continuing to drive unlawfully.
- License revocations in other states for driving under the influence should not be treated differently than those in Massachusetts.
Legislative Fix
- Closes the hardship license loophole by amending the statute to treat driving outside the terms of a hardship license the same as driving on a license suspended for operating under the influence.
- Establishes the same penalty for driving with a license suspended by another jurisdiction for driving under the influence as for driving with a license suspended for operating under the influence in MA.