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How Do I Get My License Back After Immediate Threat?

Posted by Matthew Gilman | Aug 15, 2022 | 0 Comments

If the Registry of Motor Vehicles (RMV) believes that your operation of a vehicle poses an immediate threat to public safety, they can revoke your learner's permit, driver's license, vehicle registration, or right to operate immediately for an indefinite period. This suspension can be made at the request of police officers or medical professionals or the Registry may impose such a suspension of its own volition. The purpose is to take the driver off the road until the Registry of Motor Vehicles or Division of Insurance Board of Appeal determines that it is safe for them to operate a vehicle.

Driver's License

Reinstating Your License with the Board of Appeals

If the Massachusetts Registry sends you a notice suspending your license and you wish to fight it, there are two avenues for handling the suspension. You can request a virtual hearing with a Registry of Motor Vehicles Hearing Officer and/or you may file a driver's license appeal with the Division of Insurance Board of Appeal. The Board has jurisdiction over appeals of motor vehicle at-fault accidents, decisions of the Registry of Motor Vehicles, and automobile insurance cancellations. Breathalyzer Refusal/Chemical Test Refusal revocations must be appealed through the court system.

Do I Qualify for a Hardship License After Immediate Threat?

A hardship license is not available to drivers who have an immediate threat of suspension. Immediate threat suspensions are all-or-nothing suspensions. Either the Registry or Board of Appeals believes you are a threat to operating or not.

As soon as you are notified that your license is suspended as an immediate threat, t is important to consult with an experienced attorney who understands cases with the RMV and Board of Appeal. They can help go on the offensive and guide you on how to put yourself in the best position to be successful and get your license reinstated.

Getting License Back After Immediate Threat Medical Suspension

Reinstating your license after an immediate threat of medical suspension almost always requires clearance from your doctor. They will need to review the complaint filed against you and complete RMV-specific documentation indicating you do not have a health condition preventing you from safely operating a vehicle. If you are currently taking medication, they must also state it does not impact your driving in any way. These are very fact-specific and sensitive hearings that can take time to resolve.

Consequences for Driving with a Suspended License

When driving under a suspended or revoked license, the consequences vary depending on the basis for the underlying suspension. It is important to avoid a conviction when stopped for operating after suspension given that the penalties can be costly and severe.

If you are convicted of driving with a suspended license, you will be further suspended for at least 60-days and up to one year. If you are presently suspended for an OUI/DUI or habitual traffic offender, the one-year suspension will end to commence after the expiration of the prior suspension. In addition, a conviction for operating after suspension will carry a $500 reinstatement fee and can result in a jail sentence.

What Happens If the RMV Refuses to Reinstate Your License?

Once the decision has been made to suspend an individual's license as an immediate threat, that decision is final. The Registry can set specific parameters that must be met before reinstating a suspended license. Drivers that are junior operators at the time of their suspension or those who are suspended for more than two years must retake the permit and road test. A Commercial Driver's License (CDL) driver must take a CDL permit exam and road test. The RMV will decide for those under two years of suspension if they need to take the tests to reinstate their license.

If the RMV issues an immediate threat of license suspension, contact the experienced attorneys at Gilman Law, P.C. Our team aims to protect your future and legal rights as a driver in the state of Massachusetts. By utilizing Attorney Gilman's experience as a hearing officer, you will get the help you need. We offer practical advice and a clear plan of action. Call Gilman Law, P.C., today for a free consultation.

About the Author

Matthew Gilman

Meet Matthew Gilman Attorney Matthew Gilman understands the difficulties his clients face when their driver's license is suspended or they are charged with an OUI/DUI.  Prior to opening his law practice, Attorney Gilman worked as a Registry of Motor Vehicles (RMV) hearings officer. During his t...

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