Get your license back after an immediate threat suspension
The Registry usually imposes indefinite immediate threat suspensions at the request of police officers or medical professionals. The purpose of an immediate threat suspension is to take the driver off the road until a Registry Hearing Officer or the Board of Appeal determines that the driver is safe to operate.
How you get your license back after an immediate threat suspension will depend on the facts and circumstances of the specific case.
I have developed a very effective 3 step process to deal with these immediate threat suspensions. You should not have a RMV Hearing until you have documentary evidence showing that you are safe to operate.
3 steps to reinstate from an immediate threat suspension
Step 1. Collect Information. The first step in the procedure is to obtain a copy of the immediate threat complaint that the police or healthcare provider filed with the Mass. RMV. This document will explain why the individual’s continued operation constitutes an immediate threat to public safety.
My office can obtain a copy of the immediate threat complaint from the Registry of Motor Vehicles within a few days of the request.
Step 2. Develop Exculpatory Evidence. We will need to develop documentary evidence which shows that you are safe to operate a motor vehicle and that you should have your license reinstated. This documentary evidence will address any concerns raised by the immediate threat complaint that was filed against you.
If the immediate threat complaint was based on alleged medical problems, the Registry will likely require the completion of a Medical Evaluation Form and potentially a Loss of Consciousness Form and/or a Psychiatric Evaluation Form.
Whenever a doctor is completing medical forms, for the doctor’s opinion to carry any weight, he or she must check the box indicating that he or she has read the immediate threat complaint.
Sometimes drug tests and a substance abuse evaluation stating that the driver has a low risk of relapse or low risk of recidivism is required.
Drivers are sometimes required to complete safe driving courses in order to reinstate from immediate threat suspensions.
Step 3. The Registry Hearing. The third step is to have the RMV hearing. We will discuss the facts of your case and I will advocate for the reinstatement of your driver’s license.
It is impossible to reinstate from an immediate threat suspension or revocation without going through a hearing process. This hearing process will take place at either the Suspension Department of the Registry of Motor Vehicles or the Division of Insurance, Board of Appeal. Legal representation is recommended and hiring the right lawyer can often make the difference between getting your license back or remaining suspended.
If you need to get your license back from an immediate threat suspension, you should complete the contact form on this page and a lawyer will get back to you regarding the reinstatement process.