Are you an immediate threat?

Did you know that the Registry of Motor Vehicles (RMV) can pull anyone’s license on the basis of the fact that they pose an immediate threat to the public. Let’s say that you get pulled over by the police and the police call the RMV and tell them that you were driving erratically, the registry can immediately suspend your license. Indefinitely. Your only recourse at this point would be a registry hearing. Let’s say the officer charges you with improper lane change and reckless driving. The registry won’t even hear your matter until the criminal matter is resolved. That could take months and months. The registry generally takes the suspend first approach and ask questions later.

If you prevail, you will have to pay a $500.00 reinstatement fee and may have to take the written and driving exams again. If you lose the hearing, you would have to appeal to the Board of Appeals or Superior Court.

It struck me that there is a risk of abuse of discretion possible here. The power of a police officer to cause this kind of hardship with little more than a phone call, is disconcerting to say the least. That’s where an experienced attorney comes in handy.

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