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Fines don’t scare drivers
By Danielle Williamson/ Daily News Staff
Sunday, September 3, 2006 - Updated: 01:13 AM EST

Editor’s note: This is the first in an occasional series about criminal charges and how suspects are prosecuted while making their way through the court system.

If you’re driving with a suspended license in Milford and get pulled over, police will tow your car and take your license plates.

By the time you pay court costs, towing and storage fees, and re-register your car, you may be out upward of $600, according to Arthur Russo, the court officer for Milford Police.

"Is it a deterrent?" Russo said. "I know it would be a deterrent for me."

Judging by the frequency of motor vehicle violation arrests in the Milford area, however, the potential of paying high fines does little to dissuade some drivers from breaking the law.

In Milford, which police say has a high transient population of illegal immigrants, arrests for motor vehicle violations -- particularly driving with a suspended license -- grace the police log frequently.

Statistics from Milford District Court, whose jurisdiction includes Milford, Bellingham, Mendon, Upton and Hopedale, show motor vehicle violations comprise more than half of the court’s caseload. In July, those charges accounted for 52 percent of complaints filed with the court.

A misdemeanor, operating with a suspended license, does not carry the threat of jail time unless the driver is a chronic offender, police said.

"Usually, the first time, it’s dismissed and you’ll pay court costs," said Edward Clifford, court prosecutor for the Franklin Police. "If you come back a second time, we’ll fine you some more because you didn’t learn the first time. If we get you a third or fourth time, you could spend 10 days in jail."

Sentencing guidelines provided by the Norfolk County district attorney’s office, whose jurisdiction includes Franklin, Medway and Millis, show a person with a violent or repetitive record could face up to three months in jail for operating with a suspended license.

The majority of the time, however, cases are closed after the defendant pays court costs and fines.

For first-time offenders, Clifford said, he will generally recommend to the prosecuting attorney that the charge be dropped in exchange for the defendant "making it right."

"I’ll tell them to go to the Registry (of Motor Vehicles), get a good license, and bring it back here. I’ll dismiss it with $100 court costs," Clifford said.

If a driver is unable to get a license, however, enforcement can be frustrating.

"A lot of people are going to drive either way," Clifford said, referring to illegal immigrants.

Milford District Court Clerk Magistrate Thomas Carrigan explained the registry generally won’t give a license to someone who doesn’t have a Social Security number.

"The only remedy available to the court is to extract some money," Carrigan said.

Judging by the random viewing of a dozen closed cases in Milford District Court related to unlicensed operation or operating with a suspended license, most are resolved with $200 in court costs.

On average, the resolution of such cases takes two months from the date police filed the complaint.

The majority of these dozen cases involved first-time offenders.

A repeat offender, arrested in late 2005 in Hopedale and charged with improper operation of a motor vehicle, having no inspection sticker and unlicensed operation of a motor vehicle, had to pay $500 in court costs and was on administrative probation, which carries a $21-per-month fine, for three months. The court also imposed a 9 p.m. curfew on the teenage defendant for three months.

Danielle Williamson can be reached at 508-634-7552 or dwilliam@cnc.com.