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Commonwealth v. Thorpe

Appeals Court of Massachusetts
Jan 6, 1982
429 N.E.2d 722 (Mass. App. Ct. 1982)

Opinion

January 6, 1982.

Brendan Leonard Hoyt, Jr., for the defendant.

Robert M. Raciti, Assistant District Attorney, for the Commonwealth.


The defendant appeals from his conviction of a violation of G.L.c. 90, § 26, and claims that the judge erred in denying his motion to dismiss the complaint. The motion to dismiss was based on a contention that the language in G.L.c. 90, § 26 (as amended through St. 1965, c. 664), that "[t]he registrar may revoke or suspend the license of any person violating any provision of this section" is "punishment," thereby rendering inapplicable G.L.c. 90, § 20 (as appearing in St. 1975, c. 494, § 12), which provides, in part, "[a] person convicted of a violation of any provision of this chapter the punishment for which is not otherwise provided . . . shall be punished by a fine of not more than twenty-five dollars." The suspension or revocation of a license is not "punishment" for the purposes of G.L.c. 90, § 20, because such suspension or revocation is considered an administrative sanction and not a criminal penalty. Boyle v. Registrar of Motor Vehicles, 368 Mass. 141, 142-143 (1975). See also State v. Cowen, 231 Iowa 1117, 1119-1123 (1942). Because G.L.c. 90, § 26, is a criminal statute, the District Court has jurisdiction under G.L.c. 218, § 26, to hear such violation.

Judgment affirmed.


Summaries of

Commonwealth v. Thorpe

Appeals Court of Massachusetts
Jan 6, 1982
429 N.E.2d 722 (Mass. App. Ct. 1982)
Case details for

Commonwealth v. Thorpe

Case Details

Full title:COMMONWEALTH vs. DUANE A. THORPE

Court:Appeals Court of Massachusetts

Date published: Jan 6, 1982

Citations

429 N.E.2d 722 (Mass. App. Ct. 1982)
429 N.E.2d 722

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