Operating after suspension for OUI/MVH etc

Goomba

Goomba

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I got pulled over last easter for a suspended license that i was unaware of. (my mistake) Anyways, i was reading Andovers safety course disqualifies and Operating after suspension for OUI/MVH etc. was one. I was never fined, but i was summonsed to court for my error. end all the court said i was fine to go with no additional charges.

question: will this stop me from getting my LTC now?

called the officer to ask her and she was away from her desk.
 
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question: will this stop me from getting my LTC now?
Click to expand...
If it's not a conviction, and the charges are no longer pending, it's not a statutory disqualifer. If you are within a CWOF period, the charges are technically pending.

It's up to the PD to decide if this makes you unsuitable. If getting the LTC is important to you, visit one of the big three. If it's no big deal if you get denied, you can go it alone - with a greater chance of something going wrong.
 
i talked to a Officer about it and she said is was only if it was a suspension with a oui with a vehicle, not both like the website looks like
 
OIU is operating under the influence, the other is Motor Vehicle Homicide.

Chances are if you are busted for operating after OUI you have already been disqualified under the 1994 law change, and I gotta believe Motor Vehicle Homicide is a disqualifier too, but IANAL, YMMV
 
If you were charged (and convicted) with Operating After Suspension for OUI, you are disqualified. BTW, how would you NOT know you were suspended for OUI?
 
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DISQUALIFICATIONS

Motor vehicle offenses:
Operating after suspension for OUI/MVH etc.
OUI (conviction after May 27, 1994)
Motor vehicle homicide while OUI or while OTE
OUI serious bodily injury
OUI on a vessel with or without serious bodily injury
Homicide by vessel while OUI or while OTE

http://www.andoverps.net/police/forms/firearms_permit.html

i thought that was oui/mvh were separate offenses
 
Evan2188 said:
I got pulled over last easter for a suspended license that i was unaware of. (my mistake) Anyways, i was reading Andovers safety course disqualifies and Operating after suspension for OUI/MVH etc. was one. I was never fined, but i was summonsed to court for my error. end all the court said i was fine to go with no additional charges.

question: will this stop me from getting my LTC now?

called the officer to ask her and she was away from her desk.
Click to expand...

After reading this again, I have a couple more thoughts.

1. You weren't fined because the charge is criminal, not civil. It also carries a mandatory jail sentence if convicted.

2. You said "end all the court said i was fine to go with no additional charges." Does this mean you were convicted, or was the case dismissed. No additional charges isn't a disposition. What was the disposition?

3. Have you completed the court requirements for the crimes which you were charged, or is the case still pending? I don't think any PD will issue you a LTC with an open court case with possible jail time pending.
 
cricco said:
3. Have you completed the court requirements for the crimes which you were charged, or is the case still pending? I don't think any PD will issue you a LTC with an open court case with possible jail time pending.
Click to expand...

it was never for OUI/MVH but i was just making sure. nothing further with the court. no jail or additional charges. i have barely enough time to sit in the chair before the lady said i was good.
 
Evan2188 said:
I got pulled over last easter for a suspended license that i was unaware of. (my mistake) Anyways, i was reading Andovers safety course disqualifies and Operating after suspension for OUI/MVH etc. was one. I was never fined, but i was summonsed to court for my error. end all the court said i was fine to go with no additional charges.

question: will this stop me from getting my LTC now?

called the officer to ask her and he was away from her desk.
Click to expand...

What?

OUI/MVH (Operating under the influence/Motor vehicle homicide)
You had a suspended license but you weren't under the influence of anything or killed anyone... why would you ask that question? Operating with a suspended license is not a crime that warrents denial of LTC. You already have your license back, fines were paid... it was trivial at best.

Call the Licensing LEO in Haverhill and he'll tell you the same thing.
 
I'm guessing the OP was suspended for not paying a ticket or some such. Hence the "unaware". If this is the case and he has a clean record odds are pretty good his operating after suspension charge will be reduced to a civil infraction and paid off, no risk to LTC.
 
no its all figured out right now its just i was wondering because some officer wasn't sure at first. im all set to get a ltc but i had a litle scare]

edit: no need for lawyers, just thought i would ask at first. better safe then sorry
 
Evan2188 said:
no its all figured out right now its just i was wondering because some officer wasn't sure at first. im all set to get a ltc but i had a litle scare]

edit: no need for lawyers, just thought i would ask at first. better safe then sorry
Click to expand...

Call Haverhill LEO ... BigE
 
This sounds like it would be exactly the kind of question to ask our very own Mr. Cohen, Esq. who seems to specialize in your exact combination of RMV, OUI, and firearm cases.
 
Either way, OP says it was resolved.

Just got a little caught up in a disqualifier he thought applied to him but realized it was "just" a suspended license due to a moving violation, and not OIU/MVH suspension.

He saw "suspended license" and was concerned
 
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M1911 said:
I'm all ears, err, eyes. Would you like to translate his post into English?
Click to expand...

I'll give it a shot. His license was suspended for a NON OUI/MVH offense. Let's say, failure to pay a civil fine. He wasn't aware of the suspension for some reason. Which happens. He was stopped for some reason and when his license was run, it came back suspended. He went to court, and the charge was either CWOF or dropped altogether.

When he went to the APD website he saw "operating after suspension" but didn't realize that it was only in regard to OUI/MVH. Hence his confusion and concern.

Since his suspension was for something else, he's figured out that he's OK. Or at least he thinks so.

That's my stab at it.
 

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