Why was my license indefinitely suspended?
The RMV can impose an indefinite immediate threat license suspension upon receipt of information that the drivers continued operation of a motor vehicle creates an immediate threat to public safety. The law allows the Registry to immediately suspend the customer’s license even before a hearing is held.
The two most common reasons people receive immediate threat suspensions are:
- A police officer determined that you were not safe to operate. This may happen as a result of a car accident where you were at fault and they suspect drugs or alcohol may have been involved. It could also happen in a case of erratic or negligent operation.
- A physician has formed the opinion that you have a medical condition which makes it unsafe for you to continue driving a vehicle.
What does immediate threat mean?
Under Massachusetts law a driver will have their license suspended indefinitely if they Commit a violation of the motor vehicle laws of a nature which would give the registrar 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 M.G.L. c. 90 Sec. 22(a).
A hardship or “Cinderella” license is not available for drivers who have an immediate threat suspension. The reason that hardships are denied for this type of suspension is because the DMV has determined that any operation by the driver poses an immediate threat to the public.
How do I get my license back?
The first step is to consult with an attorney who handles cases before the RMV and Board of Appeals to discuss your specific case. I specialize in these types of cases.
Next you will have to appear before the RMV to appeal the suspension. If you have a pending court case connected to the suspension, the RMV will not rule on your appeal. They will advise you to come back after your court case is resolved. The Hearing Officer may make preliminary recommendations regarding steps to take to increase your chances of reinstatement. However, the Registry will not reinstate from an immediate threat revocation while criminal charges are pending. In those situations, you will have to go through the reinstatement hearing process when the criminal case is resolved and reinstatement is by no means automatic, even if the criminal charges were dismissed or the defendant was found not guilty.
In some cases, it makes sense to appeal an indefinite immediate threat revocation directly to the Board of Appeal. Where to go and what path to take depends on the facts and circumstances of the individual case.
You do not always have to wait until your case is resolved in court before attempting to get relief. You can appeal to the Board of Appeals in some situations, even while the case is pending. These situations are the rare exception. The process involves sending an appeal form and fee to the Board and requesting a hearing date. Your hearing will typically be scheduled at one of the Board locations. Your attorney will advise you as to what steps to take prior to your hearing. Additionally, your attorney will prepare a memorandum of law explaining why you should have your driver’s license reinstated.
Contact the Law Office of Brian E. Simoneau, we specialize in beating RMV hearings. Get in touch today to see how we can help.