Driver’s License Suspension
Losing one’s ability to drive a motor vehicle can be harmful to both a person’s career and family. The damaging consequences can have a negative impact on virtually every aspect of a person’s life.
There are many reasons that one’s right to operate a motor vehicle may be suspended or revoked including: criminal offenses, an accumulation of driving offenses, being an “immediate threat,” breath test refusals and failures, statutory suspensions, child support obligations, and unpaid taxes, just to name a few.
The first step in restoring driving privileges is to determine the reason or reasons for the loss to begin with. A thorough review of one’s driving record or “history” from the Registry of Motor Vehicle (“RMV”) records is essential. Such a review should enable a person to determine if the loss occurred due to RMV or Court action, or has occurred by operation of law. This determination will also inform a person as to the manner of restoration/reinstatement.
The next step is to determine whether or not a person is eligible to resume driving either with a full license or a hardship license.
Under varying circumstances driving privileges may be restored at the local RMV Branch, through a hearing at the RMV, the Board of Appeals, District, or Superior Court.
If the RMV refuses to restore a driver’s license, such a decision may be appealed to the Board of Appeals on Motor Vehicle Liability Policies and Bonds (“The Board of Appeals”). The Board of Appeals is a three-member panel that consists of a designee of the Commissioner of Insurance, who serves as the chairperson, as well as a member designated by the Attorney General’s Office, and a member designated by the RMV. The Board of Appeals has a broad overarching authority to affirm, modify, or annul any decision of the RMV. If a person is aggrieved by a decision of the Board of Appeals, such a decision may be appealed to the Massachusetts Superior Court.
When dealing with license restoration issues at the RMV, Board of Appeals, or the District or Superior Courts, there are often strict procedures and time deadlines which if not followed exactly, may cause an individual to lose the opportunity to have his license restored.
Attorney Seth D. Klotz handles Driver’s License matters in Massachusetts.
Please call today for a free initial consultation and to schedule an appointment with Attorney Klotz. Call 617-302-2163.
Let us know how we can help.