Commonwealth v. Murphy

This case of first impression arises from the defendant’s indictment for operating a motor vehicle after the suspension of his license for a prior operating under the influence (OUI) offense, in violation of G. L. c. 90, § 23. At issue is the legal effect of the issuance to the defendant of a so-called “hardship license” on the defendant’s subsequent apprehension behind the wheel outside of the hours of operation permitted by that license. We affirm the trial judge’s dismissal of the indictment.

Facts. In November, 1999, the defendant’s driver’s license was suspended for eight years after his…