GL c. 90, sec. 22(a) gives the Massachusetts Registry of Motor Vehicles broad power to indefinitely revoke a driver’s license for violations of motor vehicle laws that constitute an immediate threat to public safety. It has been determined that a revocation under the immediate threat law does not constitute a punishment and, therefore, a criminal prosecution and a non-punitive immediate threat suspension arising from the same incident, such as an operating under the influence event, does not violate the double jeopardy clause of the United States Constitution or Massachusetts common, statutory, or constitutional law.
These indefinite license revocations are typically triggered by a police officer filing a report with the RMV explaining why allowing the driver to remain on the road poses an immediate threat to public safety. Sometimes the problem is related to medicine, such as a case where a person is operating under the influence of prescription drugs. In other cases, the report is generated as a result of reckless or dangerous driving witnessed or reported by a police officer. Reports of immediate threats may result in additional criminal charges.
The legal standard for an indefinite immediate threat revocation, which the Record was given wide latitude to interpret, is that the driver “has committed a violation of motor vehicle laws of a nature that would give the Recorder reason to believe that continuing the operation by said holder is and will be so seriously improper as to constitute an immediate threat to public safety”.
The immediate threat statute requires the Registrar to determine that a license holder poses such a significant threat to public safety that the license must be summarily seized. In addition, the law requires the Registrar to provide the operator with a notice specifying the time and place of the violation or incident that led to the immediate suspension of the threat.
Any person whose license or right to drive is revoked as an immediate threat is entitled to a hearing at the Registry of Motor Vehicles within 30 days of the revocation and the driver is entitled to representation by counsel. Massachusetts immediate threat revocations are indefinite in nature, meaning that the revocation will not end unless and until the licensee has demonstrated to the satisfaction of the Registry that the causes of the past or present violations or issues of concern they have been controlled in such a way that the driver no longer poses a threat to the motoring public. An attorney from the Registry of Motor Vehicles can help you make this showing and reinstate his license. The RMV charges a $500.00 reinstatement fee for immediate threat suspensions.