RMV violated my due process rights – how do I get my rights back?

I received a traffic citation last October, requested a hearing through RMV to challenge the citation, called twice asking about delay and hearing nothing – told to wait “it will come.” Recently, informed by a friend on police force that my license is suspended. Never received notice of hearing or suspension, now told it’s too late to appeal for a new hearing date and there is no avenue to appeal the lack of appeal. Don’t I have a right to be heard? Don’t I have a right to take an administrative determination to a civil court when my constitutional rights are being abridged? What court do I take it too? Do I sue the RMV?

Tewksbury, MA -

Attorney Answers (3)

Erik Hammarlund

Erik Hammarlund

Employment / Labor Attorney - Vineyard Haven, MA
Answered

You should contact an attorney for assistance.

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Stephen P. Kelly

Stephen P. Kelly

Criminal Defense Attorney - Worcester, MA
Answered

First, I recommend you hire an attorney who is familiar with RMV and Board of Appeal of the Division of Insurance procedures. If you were, in fact, not provided notice, then you are correct that your due process rights were violated. Regardless of whether the appeal period has run, you may still be able to appeal the suspension by arguing a lack of notice and asking the RMV to waive the appeal period for good cause. If you fail at the RMV, you might then be able to seek redress from the Board of Appeal of the Division of Insurance. Before proceeding, however, I strongly recommend hiring an attorney.

Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals.... more
Peter D. King

Peter D. King

Criminal Defense Attorney - Pleasanton, CA
Answered

I'm not familiar with MASS administrative law, but if RMV is anything like DMV in California then Due Process is the last of their concerns. Driving is a privilege not a right, and while DMV does have to follow its administrative procedures, they can often steamroll right over Due Process and yank your license without ever informing you. In fact, they can and do suspend drivers licenses for those charged with DUI even if the defendant is never convicted of DUI.

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