The Mass. RMV may suspend or revoke a Mass. driver’s license whenever it receives information indicating that the license holder has committed a violation of the motor vehicle laws of a nature which would give the Registry reason to believe that continuing operation by such holder is and will be so seriously improper as to constitute an immediate threat to the public safety. The Registry also uses its immediate threat suspension power to suspend licenses for medical issues such as seizures, alcoholism, drug addiction and neurological problems.
Immediate Threat License Suspension Hearings
With certain Immediate Threat License Suspensions, the RMV takes a “suspend first,” ask questions later approach. If an immediate threat complaint was filed by a police officer, your license will be suspended immediately and you will be given an opportunity to request a Registry Hearing after MassDOT imposes the indefinite immediate threat suspension. Courts have upheld this process of suspending prior to the hearing on the grounds that a driver whose continued operation is so dangerous that it constitutes a threat to the public. You are entitled to be represented by counsel at any license revocation hearing.
Immediate Threat Suspension Consequences
The Mass. immediate threat law, allows the Registry to indefinitely suspend your driving privileges if a RMV Hearings Officer determines that your driving represents an immediate threat to public safety. This determination can be made just based on a police report without an actual hearing. If the immediate threat case involves criminal charges, the RMV may wait until a court decision is rendered to determine the length of the suspension and reinstatement conditions such as assignment to driver retraining courses, medical clearance, driver’s education, etc… There is a mandatory $500.00 reinstatement fee and the Registry can require full written & road exams as a condition of reinstatement. The RMV can also impose other conditions and delay the return of your license.
You should contact a License Reinstatement Attorney if your Mass. License is revoked or suspended because of an immediate threat complaint. You are entitled to a post-suspension hearing before a Registry of Motor Vehicles hearing officer and, if necessary, the Board of Appeal. Massachusetts RMV Lawyers represent clients at these immediate threat hearings and we have been very successful in getting licenses restored.
If, after a hearing, the Registry refuses to reinstate your license, you have the ability to appeal to the Board of Appeal or Superior Court. A license reinstatement lawyer may be able to help you.
Mass. RMV Lawyers have successfully handled numerous immediate threat license suspension cases, getting our clients back on the road, with their licenses fully restored. A license reinstatement might be just a phone call away.
If your license was suspended due to an immediate threat complaint, you should not operate a motor vehicle. A conviction for Operating After Suspension can lead to jail time and will result in an additional sixty (60) day license suspension. Also, the Board of Appeal does not look favorably on operating after suspension incidents. An arrest for driving on a suspended license may also make it difficult to obtain a hardship license from the Registry. One of the RMV’s requirements for hardship licenses is that there is no evidence of operation since the license suspension was imposed. This means that even if you were not actually convicted, the fact that you were cited or arrested can be held against you.
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