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Immediate Threat License Suspension in Massachusetts: How do I Appeal the Suspension?
In this video, Attorney DelSignore explains how to get your license back after you receive a notice of an immediate threat license suspension in Massachusetts.
- It takes six months to remove an immediate threat in most cases so make sure to send the Appeals form to the Board of Appeals immediately.
- Alcohol related immediate threat: get alcohol treatment and a substance abuse evaluation prior to your hearing.
- Drug Related immediate threat: substance abuse evaluation and negative drug screens, preferably a hair folic test.
- Medical Immediate threat: need RMV medical forms filled out by your doctor.
The Registry can suspend or revoke a driver's license indefinitely if they receive information that the driver's continued operation of a motor vehicle creates an immediate threat to public safety.
The two most common reasons people receive immediate threat suspensions are:
1. A police officer observed a car accident where you were at fault and they suspect drugs or alcohol may have been involved.
2. A physician has formed the opinion that you have a medical condition which makes it unsafe for
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 avail-able for drivers who have an immediate threat suspension. The reason that hardships are denied for this type of suspension is because e Registry has determined that any operation by the driver poses an immediate threat to the public.
Read some of our case results from the Board of Appeals:
The first step is to consult with an attorney who handles cases before the RMV and Board of appeals to discuss your specific case.
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. They will however give you the phone number to a treatent program and information regarding a driver retraining course. It is important to enroll in these programs as soon as possible. This will increase your chances of a favorable ruling should you appeal he RMVs decision to the Board of Appeals.
You do not have to wait until your case is resolved in court. You can appeal to the Board of appeals after you appear at the RMV. 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 in approximately one month. Your attorney will advise you to complete any treatment programs suggested y the RMV. Additionally, your attorney will prepare a memorandum of law stating why you should ave your license reinstated.
When you appear before the Board be aware the process is being recorded. The Board will address you first and explain the process. They will notify you that they have the authority to overturn the RMVs decision, uphold the decision or hold the matter open for a period of time so that you can come back.
Board of Appeals are on Microsoft Teams App.
Your hearing before the Board of Appeals will be on Microsoft Teams. Make sure to have an appropriate background. At the hearing, the Board can ask questions about what happened in the case. It is best to acknowledge making a mistake and state you have moved forward; you do not want to appear to avoid responsibility Before the Board as they will feel it is a sign that the incident could reoccur. You do not have to admit to take responsibility but can make a statement indicating you learned from what happened and have moved on.
You will then be given the opportunity to present evidence on your behalf including letters from treatment programs or therapists and you may present witnesses. If you have an attorney representing you they will argue on your behalf and explain to the Board that you are not an "immediate threat to public safety" and that your license should be restored.
The Board may ask you questions about how the incident occurred and what steps you have taken to remedy any underlying issues. This is an important part of the hearing and it is recommended that you have an attorney with you who understands what type of information the Board is looking for. In some cases, the Board may ask about something on your criminal record, including even a dismissed case; they never want to hear the case was dismissed or it was a not guilty. If they have a question it is best to acknowledge whatever incident happened was something you learned from and is unlikely to repeat itself.
WILL THE BOARD RETURN MY LICENSE?The Board of Appeals has the authority to modify or over turn most RMV decisions. They can also choose not to act on your appeal and ask you to come back after a certain period of time. The Board will hold a matter open when they believe that not enough time has passed between the suspension and the appeal or when they want to offer you more time to file paper work or complete driving or treatment programs.
The Board will not make a decision on the date of your hearing. They will mail you the decision later that week. If you are still unsatisfied with the Board's decision you must appeal to the Superior Court within thirty days.
The attorneys at DelSignore Law have experience before the Board and have been able to successfully overturn many immediate threat suspensions. If you have questions about your specific case contact us by phone or text at 781-686-5924.
For more reading on the Board of Appeals click on our page How do you Appeal a License Suspension before the Board of Appeals?
