QUESTION
Officer Threatens to Take License, Based on Hearsay from Third Party
Asked on Jun 16th, 2014 on Traffic Violations - Massachusetts
More details to this question:
A police officer recently arrived at my house, and asked to talk to me. I opened my door, but not my screen door, and he asked for my drivers license. Apparently, someone on my street has been filing complaints about my driving speed. However, I believe they are merely a concerned parent, as I have kept my speed within a reasonable range the entire time (I live on a dirt road without a marked speed limit, so I try to keep my speed between 15 and 25 mph). However, the police officer said that, if he was called again, he would file something and take my license. Can he do that? I've never had a speeding ticket, nor any problems with law enforcement before. Is he within his rights to take it? Am I required to give it to him? If I do not show at the door when he is here, am I required to surrender it to the nearest station? What legal course of actions should I take to counter this? Are there any I can take? I am concerned that this will affect my commute, as I live very far from work.
1 ANSWER
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What the officer is referring to is a petition that the police can submit to the RMV to suspend someone's license as an "immediate threat." You would not have to surrender your physical license -- you would get a letter from the registry notifying you that your license is suspended, and then it would be on you to petition the RMV for reinstatement. There is nothing you can do proactively to prevent him from submitting the petition if he feels that he has sufficient evidence that your driving poses an immediate threat. You should consider ways of generating documented proof that your driving is not as bad as your neighbor says, in case this does escalate.
Answered on Jul 03rd, 2014 at 7:41 PM