I was arrested for driving after suspension in 2003. I was recently arrested for a DUI and driving after suspension (subsequent offense).
Jail is not mandatory for operating after suspension subsequent offense. Although the statute states that the punishment for any subsequent offence shall be by imprisonment for not less than sixty days nor more than one year, that sentence can be suspended or you can receive a continuance without a finding.
Attorney Steven J. Topazio
10 Winthrop Square, Suite 4100
Boston, MA 02110
Email: [email protected]
Any information contained herein is intended for informational purposes only and should not be construed as legal advice. If you need additional information, call Attorney Topazio directly at 617-422-4803 regarding your specific concern.
It is extremely rare for anybody to do jail time on a second offense OAS unless it's an OUI suspension--which you say it's not. However, you say that you also have an OUI charge pending, and you will need a lawyer for that.
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Doubtful that you would get any jail time for the facts you allege. I would immediately retain an attorney to assist you, as you might be able to have this matter disposed of at arraignment or at pre-trial.
I wish you luck,
Anthony Rao, Esq.
The above response is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer, and any communication between us is not protected by attorney-client privilege.
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