Immediate Threat Suspension Overview

When the police or prosecutor has filed an “immediate threat” suspension against you, it means your license is suspended indefinitely. The law typically requires that any court or legal action be completed before removing an immediate threat suspension and restoring your license. As a result, this is often one of the worst/most difficult types of suspension (worse even than a breathalyzer refusal or suspension related to a criminal conviction).

You are not without options. Consistent with the immediate threat statute, your options are:

  1. Resolve any open citation or criminal case first.

  2. Schedule a suspension hearing with the RMV and then appeal any unfavorable ruling.

Option 1: Resolve any Outstanding Cases or Citations

  • Potential motions to dismiss (these are rare and should not be counted upon)
  • Seeking to resolve your case by way of a change of plea or plea bargain
  • Scheduling the case for a final hearing or trial

Option 2: Appeal to the Board of Appeals

The decision to grant pretrial probation ultimately rests with the judge handling a case. While both attorneys and prosecutors can propose pretrial probation, the prosecutor’s agreement is a prerequisite. The decision-making process often weighs factors like the seriousness of the charges, the defendant’s prior criminal record, and personal circumstances.

How to Appeal to the Board of Appeals

An appeal with the Registry of Motor Vehicles is usually a multi-step process that can be difficult and time-consuming (for the most current information, always confirm the information on the Registry of Motor Vehicles suspension hearings page).

Step 1 – Schedule a Hearing (these are now remote/telephonic hearings):

  • Go to: https://atlas-myrmv.massdot.state.ma.us/myrmv/_/
  • Click on “Appointments”
  • Select “Make or Cancel a Hearing Appointment”
  • Follow the prompts/enter the appropriate information.

     

  • If you plan on submitting any documentation, please have it ready and upload it when you schedule the appointment. This may be the only opportunity to submit your paperwork/documentation

    • Documentation: Your hearing may require specific documentation. The hearing officer might need extra time to research or request documents from other sources.

Step 1 ½ – If you win at the Hearing Level (Rare):

  • This is RARE, but if the hearing officer agrees to reinstate your license, and you are within 2 years of the initial suspension date, you should be immediately eligible to reinstate, subject to any conditions imposed by the hearing officer
  • If the suspension has been longer than 2 years, you may need to reapply for a driver’s license or learner’s permit at a Service Center.

Step 2 – What do I do if my case is unsuccessful?

  • You must request a hearing with the Board of Appeals. To request a hearing:
  • The Board of Appeals hearings are scheduled in the order in which the appeal forms are received and according to the length of the suspension/revocation. There are no exceptions, so it is fair to all those filing appeals.

Disclaimer

This summary was written using the most recent available information and may be subject to change (v20251112). Please refer to the RMV’s websites for the most recent information.

As always, please do not hesitate to contact our firm with any questions or concerns.

Sources

RMV Suspension Hearing Websites:

For More Information

Immediate threat suspensions are often the most challenging type of suspension for a motorist to deal with and endure. Nonetheless, the guiding principle is the defendant’s welfare, underlining the importance of the options at the Registry of Motor Vehicles and the Board of Appeals. If you’re facing an immediate threat suspension and need your driver’s license reinstated, it can be crucial to seek the counsel of an experienced defense attorney to guide you through this complex process. For assistance, reach out to Coughlin Law Group at 617-758-8888 to explore your legal options today.

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