Challenging an Immediate Threat License Suspension in Massachusetts
DelSignore Law DelSignore Law
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 Published On Jun 10, 2016

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Transcript
What happens if you received a letter from the registry, suspending your license for an immediate threat? Well, first of all, you can appeal this type of suspension. You first have to go to the RMV and then you'd have to appeal to the Board of Appeals. The reason you probably got this suspension is you were probably in an accident where you're charged with OUI, and you went to the hospital. Because you went to the hospital, there's no suspension for you, either taking a blood test and being over 0.08 or even refusing it. So some police departments will then realize that, will then suspend your license under an immediate threat. This is sort of a catch all. They'll send the letter to the registry, notifying them, and then you'll get something from the RMV. It's typically an accident case where you receive the immediate threat suspension.

So the process is, you go to the RMV in Boston. Then you have to go to the Board of Appeals. It's going to take a while. You're going to be without your license anywhere from three months to longer. But typically you can get before the board within three or four months. What you're going to want to show them is that whatever the issue is, if it's alcohol, you're going to want to show them you've gone to some kind of alcohol counseling. You get a letter saying you don't have any problems with alcohol. You'll want to take the SCARP course. You'll want to do some things proactively to present to the Board of Appeals. If it's drug related, if you were charged with OUI drugs, you're going to want to go to a drug counselor to show that you don't have any drug problem, that you're not a threat on the road.

Sometimes the RMV will say, "We're not going to reinstate the license on the immediate threat until the case is resolved." Then what happens is then until the case is over in the district court, your license is going to be suspended. But there is a way to challenge that prior to the end of the case. Because sometimes it can take sometimes six to nine months to get to trial. It can sometimes be a longer process, especially if you're fighting a blood test or other complicated legal issues in a case. So if you received a notice for an immediate threat suspension, feel free to call me. My name's Michael DelSignore. I deal with these suspensions every day and can help you through the process.

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