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COMMONWEALTH v. MURPHY

No. 06-P-885.

68 Mass. App. Ct. 152 (2007)

COMMONWEALTH v. CHARLES L. MURPHY.

Appeals Court of Massachusetts, Middlesex.

February 1, 2007.

Attorney(s) appearing for the Case

Stephen C. Hoctor, Assistant District Attorney, for the Commonwealth.

Dana Alan Curhan (Brad P. Bennion with him) for the defendant.

Present: Gelinas, Green, & Grainger, JJ.

GRAINGER, J.

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...

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