Pursuant to G.L. c. 90, § 22(a), the Mass. Registry has the ability to indefinitely suspend your driver’s license upon a report from police indicating that allowing you to continue to hold a license would constitute an immediate threat to public safety or that you are unable to safely operate a motor vehicle due to a physical or mental problem. When the Registry indefinitely suspends a license under the immediate threat law, the license will remain indefinitely revoked until the driver proves, to the Registry’s satisfaction, that the driver no longer represents a danger to public safety and he or she is able to operate safely. An Immediate Threat Suspension Lawyer can help you with this situation.
The Immediate Threat License Suspension Process
In situations involving immediate threat medical suspensions, the driver must present medical evidence showing that he or she is safe to operate. At minimum, the Registry requires that a physician completes medical clearance paperwork which may include psychiatric, medical, vision, and loss of consciousness clearance forms. The submission of these forms does not automatically entitle the driver to reinstatement. A hearing officer will review the documents and decide whether to reinstate with or without a competency road test. Even if a medical professional declares the customer safe to operate, the Registry is legally entitled to independently determine fitness to operate. Anyone aggrieved by an adverse determination has the right to retain counsel and appeal. Legal assistance from an Immediate Threat Suspension Lawyer can be invaluable.
Indefinite immediate threat suspensions and revocations are not punitive, which means that they are not intended as punishment for bad or dangerous driving. Instead, the purpose of these suspensions is to protect the public by removing an allegedly dangerous driver from the roadway until the Registrar of Motor Vehicles is satisfied that the driver does not present a danger to public safety.
No Hardship License is Available for an Immediate Threat Suspension
Unfortunately, there is absolutely no way to get a hardship license when your right to operate has been indefinitely suspended or revoked under the Massachusetts Immediate Threat law. Since the law is not punitive, getting hardship, limited, restricted, work, or Cinderella license in this situation is impossible. The rationale for refusing to grant any type of license is that a driver who represents a danger to the public will be a danger even with a part-time driver’s license.
If you need assistance with an immediate threat suspension in Massachusetts, feel free to contact me to discuss how I can help you resolve the suspension and reinstate your driver’s license, as I have successfully resolved a large number of these indefinite immediate threat cases in multiple forums.
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