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Penalty for Driving While Having a Suspended License Due to Child Support Underpayment

After a license was suspended for a final determination of child support delinquency pursuant to section 16 of chapter 119A which is permitted by C90 Sec. 22 so the penalties detailed in Ch90 Sec. 23 would apply:

"...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, and for any subsequent offence by imprisonment for not less than sixty days nor more than one year..."


"...Upon a conviction of operating after suspension or revocation of license or right to operate under the first paragraph, the registrar shall extend said suspension or revocation for an additional sixty days..."

Unless this is a CS issue, in which case the suspension remains intact and I believe the 60-day penalty is tacked on following reinstatement being permitted by the DOR:

"Upon exhaustion of administrative remedies provided in section 16 of chapter 119A, an individual aggrieved by a final determination of the department of revenue, as adopted or acted upon by the registrar, may seek judicial review of the final determination issued by the department of revenue in the court where the child support order was issued, which has jurisdiction to register the order, or which issued the subpoena, warrant or summons, within 45 days of the date of the registrarís notice to such individual that his license, learnerís permit, right to operate a motor vehicle or certificate of motor vehicle registration is subject to suspension, nonissuance or nonrenewal; provided, however, that a request for judicial review shall be by action against the department of revenue and not the registrar and shall be accompanied by a copy of the department of revenueís final determination. Such review shall constitute the exclusive remedy for individuals aggrieved by a final determination as adopted or acted upon by the registrar under section 16 of chapter 119A; provided, however, that such review shall not limit an individualís appellate remedies. The provisions of section 28 shall not apply."

Sec 28 details how you have a right to appeal the registrar's decision to suspend/revoke.

C90 TOC: http://www.mass.gov/legis/laws/mgl/gl-90-toc.htm

C90 S22: http://www.mass.gov/legis/laws/mgl/90-22.htm

C90 S23: http://www.mass.gov/legis/laws/mgl/90-23.htm