Legal Question in Traffic Law in Massachusetts

Criminal Citation 90/10

My husband got a criminal citation for driving without license after he hit another vehicle in the second week of April. The facts are as follows:

1) We had shifted to US on 28th Feb 08 on an L1 visa and the time when the accident took place we did not have a SSN card by which he could get a driving license.

2) Registration and insurance was in place when he was driving.

3) He had an Indian license and an IDP while driving.

The police officer who issued the citation said that since he was working and staying in MA he needs to have a mass driving license.

We just moved from out of US to Mass and still are not paying Mass. resident tax. What is the criteria to establish residence in Mass.?

Also, what is the penalty for the section?


Asked on 6/11/08, 8:37 pm

1 Answer from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Criminal Citation 90/10

For purposes of General Laws chapter 90 section 10 the relevant language of which is cited below only 30 days is required, but with exceptions:

Chapter 90: Section 10: ??? Subject to the provisions of section three, a nonresident who holds a license under the laws of the state or country in which he resides may operate any motor vehicle of a type which he is licensed to operate under said license. Operation of a motor vehicle in violation of this paragraph shall be subject to the same penalties as provided in section twenty-three for operation after suspension or revocation and before restoration or issuance of a new license or the restoration of the right to operate.

Chapter 90: Section 3. Subject to the provisions of section three A and except as otherwise provided in this section and in section ten, no motor vehicle or trailer shall be so operated on more than thirty days in the aggregate in any one year or, in any case where the owner thereof acquires a regular place of abode or business or employment within the commonwealth, beyond a period of thirty days after the acquisition thereof, except during such time as the owner thereof maintains in full force a policy of liability insurance providing indemnity for or protection to him,

Section 23. Any person convicted of operating a motor vehicle after his license to operate has been suspended or revoked,.... 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,.

Consider retaining an attorney to represent you on this.

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Answered on 6/13/08, 11:47 am


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