A friend of mine was stopped for passing a school bus while the red lights were still flashing. The Officer gave her a ticket with ‘criminal offense’ checked. Under Massachusetts law, what are the possible punishments?
-- (Posted by TWDM on the Forum Chat Room.)
Attorney John Libertine posted the following response: The penalties for this type of offense are outlined in Chapter 90 Section 14 of the Massachusetts General Laws:
"[Violations] ...shall be punished by a fine of not less than $250; and for a second offense by a fine of not less than $500 nor more than $1,000; and for a third or subsequent offense by a fine of not less than $1,000 nor more than $2,000."
A larger concern would be the license revocation provision for subsequent offenses:
"A second conviction or third or subsequent conviction as set forth in the preceding sentence shall be reported forthwith by the court or magistrate to the registrar who shall revoke immediately the license or right to operate of the person so convicted and no appeal, motion for a new trial or exceptions, shall operate to stay the revocation of the license or right to operate; provided, however, that no license or right to operate shall be issued by the registrar to any person convicted of a second such offense until 6 months after the date of revocation following said conviction or to any person convicted of a third or subsequent such offense until 1 year after the date of revocation following said conviction; and provided, further, that if the prosecution against such person has terminated in his favor the registrar shall forthwith reinstate his license or right to operate."
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