The RMV Issues "Immediate Threat Suspensions" to Address Boston's Famously Aggressive Drivers

 

Every now I will be driving on Route 93 or 95 and see someone make such an insane, dangerous decision that I think their license should be taken away before they kill someone. When police officers see that kind of driving, they can petition the Massachusetts RMV for an “Immediate Threat Suspension.” If the RMV suspends the license, the driver first finds out after their license has been taken away. They have to stop driving immediately , regardless of the circumstances of their life – whether they have to go to work, pick their children up from school, or take their mother to a doctor’s appointment.

 

Reinstatement after an Immediate Threat Suspension can take months (and sometimes years). First, a driver needs to schedule a hearing with the RMV where a hearings officer will decide what the driver needs to do in order to get their license back. A driver can’t walk up to the RMV and expect a same-day hearing; they need to be scheduled weeks in advance.

 

At an Immediate Threat Suspension hearing, the RMV will:

1. Determine whether the allegations are accurate

• Did the driver do what the police said they did?
  • RMV Hearings Officers will almost always assume the police report is accurate unless the driver brings evidence to contradict it like a videorecording or impartial witness.

2. Investigate why this happened, asking questions such as:

• Was there a medical issue?
• Is the person simply an irresponsible driver?

3. Decide what the driver needs to do in order to have their license reinstated, such as:

• Take a remedial driving course
• Pay a fee, or
• Undergo a doctor’s evaluation

Frequently, the police also seek criminal charges at the courthouse simultaneously with the RMV license suspension. For example, if a driver causes an accident, the police might file charges for “Negligent Operation of a Motor Vehicle” with the court and also petition the RMV for an Immediate Threat Suspension.

 

The RMV usually will not reinstate a person’s license for an Immediate Threat Suspension until after the criminal charges are resolved – and it can take several months (or even years) to resolve criminal charges.

 

If the incident leading to the Immediate Threat Suspension also involved an auto accident with property damage or personal injury, the driver may also be facing an insurance claim or civil lawsuit… and statements the driver makes while trying to get their license reinstated after an Immediate Threat Suspension may affect those proceedings.

 

Drivers whose licenses have been suspended are usually focused on getting their licenses reinstated as soon as possible so they can get back to their normal lives without relying on Uber, Lyft, or friends and family to help them get around – but with the risk of criminal or civil liability, it can be difficult to avoid long-term consequences. An experienced attorney can help investigate your options.

 

Attorney Christopher Fiorentino of Fiorentino Legal, P.C. has been representing Massachusetts drivers in criminal, civil, and RMV matters – including Immediate Threat Suspensions for over a decade. If you have questions, you can reach his cell phone at (617) 990-2568 or his email at cjf@fiorentinolegal.com.