In Massachusetts, if a person is determined to have a medical condition that may impact their ability to control a motor vehicle, that person will likely be labeled a "complaint medical" after being stopped by local or state police for a perceived motor vehicle violation. When a person is labeled as "complaint medical," it is likely that the Registry of Motor Vehicles ("RMV") or Department of Motor Vehicles ("DMV") will schedule a hearing based on this complaint to determine whether or not your alleged medical condition makes you as a driver a threat to public safety and that they should, therefore, suspend your license to operate a motor vehicle.
Without proper preparation and representation, an immediate threat report or an immediate threat medical report, may result in your license being suspended. If you are facing a complaint medical report your license will not be reinstated until you have proven yourself not to be a threat to public safety during a hearing. If a hearing has been scheduled based on an alleged medical condition, it is important that you contact a Massachusetts criminal defense lawyer who has had experience with RMV hearings and complaint medical cases. Patrick J. Murphy, a criminal defense attorney educated and based in Boston, Massachusetts, has had decades of experience with RMV hearings, and would be happy to assist you should you find yourself in this situation.
This evaluation to determine complaint medical is a subjective evaluation based on an officer's opinion. The police are not trained medical professionals. Like immediate threat medical, it is likely that it will be necessary to consult a medical professional or your doctor to gain an accurate evaluation of your health or medical condition. This consultation may prove that you are in good health, may need to switch medication to monitor a condition that you may have, or that you are in control of your health and whatever condition you may have is completely manageable.
Additionally, an officer should not make a complaint medical report based on a driver's age. Your age is not an accurate representation of your health nor does it determine your impact as a driver on public safety. The age group that is generally targeted by police officers or anyone filing complaint medical reports is the elderly. It is necessary for the person who files the complaint medical report to have a reasonable belief as to why the driver's ability to safely operate a vehicle might be impaired due to a medical condition.
As the RMV will likely schedule a hearing based on your medical complaint report, and in order to prove the report inaccurate and/or the threat allegation unwarranted, it will help you to seek the advice of counsel and work with your lawyer to provide documented medical evidence and proof that you are in manageable health and not a risk to public safety. Due to the fact that public safety and the safety of drivers in the Commonwealth is such a serious matter, a complaint medical report is not to be taken lightly. If a police officer has reported to the RMV that your license should be suspended for a complaint based upon a medical condition causing your license to be suspended or revoked, hire a Massachusetts criminal defense lawyer with RMV hearing experience to handle your case with the greatest care and precision. The Law Office of Patrick J. Murphy will help you navigate your way through the process of your hearing and put your rights first. Patrick J. Murphy, Esq. is criminal defense attorney who has defended clients faced with RMV hearings and license suspensions in the greater Boston area for decades. Attorney Murphy will provide you with a confidential and free assessment of your case when you call (617) 367-0450 or fill out the contact form on our website.