When license suspensions first emerged as legal punishments, the purposes were straightforward: punish drivers who behave in an unsafe manner and encourage compliance with the rules of the road.
Today, however, license suspensions in Massachusetts are handed down for a wide variety of offenses. Even crimes unrelated to the operation of a vehicle may result in a license suspension. Any number of charges—from traffic violations or operating under the influence to failure to pay taxes—can lead to the loss of your driving privileges.
Attorney Gilman has successfully represented clients in state courts and before the Registry of Motor Vehicles and the Division of Insurance in all types of license suspension cases, including OUIs and Immediate Threat Suspensions.
The new weapon used by Police Departments and the Registry of Motor Vehicles is the immediate threat suspension. One day you might hear a knock on your door and you will be handed an indefinite license suspension. At Gilman Law, P.C., we work with clients throughout the Commonwealth who have been unfairly suspended as an immediate threat. Our team is able to help you recover your right to operate a vehicle!
For many, a license suspension can have devastating consequences. Costly fines, missed work, and the inability to run personal or family errands can make life difficult. If your driving privileges are on the line, you need an experienced and aggressive lawyer on your side. Dealing with the justice system can be worrying and confusing, but a knowledgeable advocate can make all the difference to keep you behind the wheel.
At Gilman Law, P.C., Attorney Matthew Gilman uses his experience as a former Registry of Motor Vehicles (RMV) hearings officer to help those facing a license suspension successfully deal with the RMV and the courts. Regardless of what precipitated your suspension, Attorney Gilman can help you understand your rights and work so that you obtain the best possible outcome.
Common Ways to Lose Your Driving Privileges in Massachusetts
In addition to an immediate threat suspension, there are many other charges that are punishable with a license suspension. In some cases, repeated or serious violations will prompt the RMV to suspend your license. In other cases, a charge seemingly unrelated to traffic laws may also result in a license suspension. Some of the most common ways to lose your driving privileges include:
- If you have any of these surchargeable offenses.
- If you are a Habitual traffic offender.
- If you refuse to take a chemical test (breathalyzer test).
- If you are suspended due to license fraud.
- If you have been found to have been Operating under the influence (OUI).
- If you have an out-of-state suspension or motor vehicle violations.
- If you are subject to any court warrants
- If you face certain criminal charges.
- If you face an immediate threat suspensions.
- If you face a junior operator license suspensions.
- If you have been found to leave the Scene of either an accident or property damage.
- If you are involved in non-payment of child support.
Regardless of the reason, when the letter from the RMV arrives in your mailbox or the police serve you notice at your door, you will need help right away from an attorney who knows the system and will fight to retain your driving privileges.
Hardship Licenses in Massachusetts
At Gilman Law, P.C. Attorney Gilman has helped hundreds of clients throughout the Commonwealth apply for and be granted a hardship license. A hardship license is a driver's license that permits you to operate a vehicle seven days a week for twelve hours per day. The time restriction starts and ends at the same time every day. In Massachusetts, if your license is suspended for an OUI conviction or as a Habitual Traffic Offender, you may be eligible to apply for a hardship license at the Registry of Motor Vehicles. If your license is suspended for any other reason, the Registry will not grant you a hardship license. The reason for your license suspension will determine whether you are eligible to apply for a hardship license.
In the event that your license is suspended for a reason other than an OUI or as a habitual traffic offender, Attorney Gilman has been very successful in filing appeals with the Division of Insurance Board of Appeals. Thankfully, the Registry of Motor Vehicles is not the only option- there is an appellate option available to individuals with suspended driver's licenses. The Board of Appeals is an administrative board based out of the Commonwealth's Division of Insurance that has legal authority to order that the Registry of Motor Vehicles grant you relief. As compared to the RMV, the Board of Appeals has much more discretion to grant relief.
Multiple Surchargeable Offenses in Massachusetts Lead to Extra Punishments
In Massachusetts, many license suspensions stem from what are known as surchargeable offenses. A surchargeable offense is any at-fault accident or traffic violation that will increase a driver's insurance premium. These offenses can range from speeding to leaving the scene of an accident to an OUI. It is important to note that one may incident can result in multiple surchargeable offenses. For example, a driver who is pulled over by law enforcement on suspicion of drunk driving because he was speeding and veering outside his lane may face three separate surchargeable offenses stemming from just that one incident.
Accumulating multiple offenses within certain time frames can lead to harmful consequences, such as:
- Three surchargeable offenses within a two-year period: Mandatory driver re-training program. Failure to complete the program within 90 days will result in a license suspension.
- Seven surchargeable offenses within a three-year period; Mandatory 60-day license suspension, but the driver can apply for a hardship license.
- Twelve surchargeable offenses within a five-year period: The driver is identified as a habitual traffic offender. The license will be suspended for four years. After one year of suspension, the offender may apply for a hardship license.
What Can a License Suspension Attorney Do For You:
Every license suspension case is different, but there are certain written and unwritten rules and principles that apply to all cases. If you are facing a license suspension, we will:
- Immediately work to determine the best path forward - whether at the RMV or by appealing directly to the Board of Appeals.
- Evaluate your driving record to determine whether the current suspension is valid.
- Make sure you have copies of all relevant documents and police reports.
- Come up with a specific strategy relevant to your case to make sure you are in an optimal position to get relief.
- Get ready for the hearing by preparing an individualized memorandum supporting your case vis-à-vis the government.
Even if the license suspension is found to be valid and the evidence against you is strong, Attorney Gilman will fight for your legal rights and work endlessly to make sure you are in the best possible position to reinstate your right to operate a motor vehicle as soon as possible. No one will outwork our team or work harder than us to work on your behalf. That is why 90% of Attorney Gilman's clients are driving today.
Stating Your Case for a Hardship License Before the Massachusetts RMV
Many Massachusetts drivers are unclear about their rights. Too often, they lose their driving privileges without fully exhausting all their options. Even if the RMV denies your hardship request or is unable to hear your request, it is possible to appeal the decision to the Division of Insurance. Although this may be a complicated and confusing process, it is possible to be successful with the help of an experienced attorney.
At Gilman Law, P.C., Attorney Matthew Gilman thoroughly understands the system. He will take advantage of his experience as a hearing officer to restore his client's driving privileges. He will offer practical advice and a clear plan of action.
The RMV will have an attorney present at your hearing, and you should too. If you or someone you love is facing a license suspension, call Matthew today to schedule a free consultation. Matthew works with clients all over Massachusetts.
Contact a License Suspension Attorney serving the entire Commonwealth of Massachusetts. We travel from Great Barrington to Nantucket and directly to you.
Contact me, Attorney Gilman for a free case consultation with a Massachusetts, statewide attorney who provides to-notch license suspension and OUI defense. I will quickly and effectively answer your questions, explain your options, and come up with a plan to get you driving again. Attorney Gilman answers the phone and will return all of your calls. Call me today,Attorney Gilman today at 978-612-6447.