G.L. c. 90, Sec. 22(a) grants the Massachusetts Registry of Motor Vehicles broad power to indefinitely revoke a driver’s license for violations of the motor vehicle laws which constitute an immediate threat to the public safety. A revocation under the immediate threat law has been determined not to constitute a punishment and, therefore, a criminal prosecutions and non-punitive immediate threat suspension arising out of 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 usually triggered by a police officer filing a report with the RMV wherein he explains why allowing the driver to remain on the road constitutes an immediate threat to public safety. Sometimes the issue is medical related such as a case where a person is operating under the influence of prescription … Read More