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Understanding Immediate Threat License Suspension for Senior Adults
Having a driver’s license is essential to maintaining independence as we get older and getting where you want to go when you want to go there. However, driving can get more challenging as we get older, whether from slower reaction times or difficulties with hearing or seeing the environment around us. In some cases, this can result in suspension or revoking your license through an immediate threat license suspension. If you have had your driver’s license suspended through this process, The Law Office of Brian Simoneau can help you understand your options.
What Does an Immediate Threat License Suspension Mean?
If you’re in an accident or get pulled over and the officer believes that you pose a threat to public safety with your driving, they can recommend an immediate threat license suspension. An immediate threat license suspension falls under the category of public safety and discretionary suspension types.
There are two types of immediate threat license suspensions: immediate threat or immediate threat medical. The main difference between these two is that the immediate threat medical suspension applies when the public safety threat is due to a medical condition that prevents you from operating a vehicle safely. A regular immediate threat license suspension applies to any other situation where the officer believes you continuing to operate a car could pose a threat to others.
The Registry of Motor Vehicles (RMV) can issue an immediate threat license suspension indefinitely, which can sometimes mean a permanent loss of your driver’s license and freedom. However, attorney Brian Simoneau has extensive experience with these cases and helping clients successfully appeal a suspension to reinstate their license.
Under What Circumstances Can the RMV Issue an Immediate Threat License Suspension?
The RMV can put an immediate threat license suspension into effect for any reason that would cause a public safety threat if the person was allowed to continue driving. Some of the common situations that may result in an immediate threat license suspension for seniors include:
- Being involved in a serious accident due to some type of impairment, such as mixing up the gas and the brake pedal
- Having visual impairments, such as macular degeneration, that make it difficult to see the road, hazards, or other drivers
- Experiencing physical issues, such as a seizure condition or a stroke, that could make it too challenging or dangerous to operate a vehicle
- Being diagnosed with cognitive decline or impairment, such as dementia or Alzheimer’s
Even issues that are a normal part of aging, such as slower reaction times or difficulty judging distance and speed, can warrant an immediate threat license suspension if there is a significant enough danger to the public. While the safety of yourself and others is the most important thing, some of these conditions may be able to be treated or managed with proper medical treatment. In those cases, it may be possible to have your license reinstated.
What Happens After You’ve Been Given an Immediate Threat License Suspension?
Once an officer recommends an immediate threat license suspension, the Registry of Motor Vehicles will automatically approve it in most cases. The suspension goes into effect immediately and doesn’t have an end date. You may not even be aware that the suspension is in place until you receive a notice in the mail. Unless you take further action through an appeal, you cannot get your license reinstated.
Hardship licenses, which are commonly given to those who have lost their license through a drunk driving charge or too many points on their license, are also not available to those with an immediate threat license suspension. Until you can talk with an attorney and potentially appeal the suspension, it’s essential that you refrain from driving. Driving on a suspended license can open you up to further penalties and make it even harder to get your license back.
How Can You Get Your License Back?
Once you’re aware that the suspension is in place, it’s essential to contact an attorney immediately. It’s possible to appeal your suspension in some cases, but you must take action quickly. An attorney can help you file the paperwork to ask for a hearing where you can explain why you believe the immediate threat license suspension isn’t warranted.
It’s essential to remember that if your immediate threat license suspension came after an accident or another incident that resulted in criminal charges or any pending court cases, your appeal must wait until those are settled. Even if your appeal is granted, you may need to take a remedial driver’s education course or retake your driving test to show that you can operate a vehicle safely. If your appeal is successful, the Registry of Motor Vehicles will reinstate your license.
If your appeal is denied, you may have further recourse through the Superior Courts in some cases, but this isn’t guaranteed, which is one reason it’s crucial to have experienced legal representation from the beginning. Working with an attorney gives you the best chance to appeal your suspension and get back on the road.
At The Law Office of Brian Simoneau, our driver’s license suspension attorney knows how important your driver’s license is to your freedom, and he will do everything in his power to help you get your license reinstated. Call the office in Framingham, Massachusetts, at 508-665-2995 to find out your options after an immediate threat license suspension and how we can help.
