What Is An Immediate Threat Suspension?

An Immediate Threat Suspension is a Driver's License Suspension done directly by the RMV (as oppose to a court) based upon the recommendation of a Police Department. When the police have cause to believe someone's continued driving presents an immediate threat to the public, they can essentially request that the RMV suspend your license. This suspension is completely separate from any judicial suspension you may be facing. This suspension, unlike a judicial suspension, is not intended to be punitive, but rather is intended to safeguard public safety.

Basis For An Immediate Threat Suspension

There are 2 primary basis for receiving an immediate threat suspension:
  • An accident typically involving Drugs or Alcohol.
  • An accident involving some sort of medical, psychological, or visual impairment that is not, or cannot be, corrected.

Am I Entitled To A Trial Before my License Is Suspended?

No. An immediate threat suspension takes place immediately. You need to be served with notice of the suspension, which includes the length of suspension, it can be for a specific period of time or an indefinite period of time, and the reason why you are now considered a threat. Once the suspension is issued, you have the right to appeal the suspension.

Hardship License for Immediate Threat Suspension

There are no hardship license for immediate threat suspensions. The idea behind a hardship license is to allow people relief from punishment sufficient to get to work. An immediate threat suspension, by contrast, is concerned with preserving public safety. One who is a threat through driving would also be a threat to public safety when driving under a hardship license as such hardship licenses are not permitted for Immediate Threat Suspensions.

Immediate Threat Suspension and Pending Charges

Very often when a driver receives an immediate threat suspension they are also facing charges on the incident that gave rise to the immediate threat suspension. As stated above the immediate threat suspension is a completely separate license suspension from the judicial suspension, and both have to be satisfied in order to get your license back. Another caveat is that the charges in court need to be resolved (one way or another) before you are eligible to appeal your immediate threat suspension.

Appeal of an Immediate Threat Suspension

An Immediate Threat Suspension is often a 2 step process.
  • Initial meeting with RMV - The process generally starts with an informal meeting with an RMV official, in their office, concerning the incident. This process, while informal, can be impactful to receiving your license back - as such you have the right to be represented by counsel at this meeting.
  • Appeal before the Board - If your license is not returned at the initial meeting you can file an appeal before a 3 person board. This proceeding is in the style of a hearing, essentially a mini-trial. There is a person presenting a case against you, witnesses are sworn and arguments are made. For this process I highly recommend one be represented by counsel.

Strategy For An Immediate Threat Suspension

The key to understanding how to overcome an Immediate Threat Suspension is understanding that the nature of the suspension is not punitive. The goal of this suspension is not punishment, but safety. As such, the key to lifting an immediate threat suspension is a showing that the driver is no longer a threat by driving because the issue that caused the threat has been nullified. Therefore if the suspension resulted from a medical issue, a doctor's report showing you are now fit to drive will be powerful step to demonstrating you are no longer a threat. If the issue is related to drugs or alcohol, a driver needs to document a history of drug and alcohol treatment.

Phone - (617) 906 - 1867
Email - Kyle.Mastro@gmail.com

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