License Suspended Due to Merger of Driving Records

[Ready2go]

My question involves a driver's license issued by the State of: Mass

In Mass, at 18 yrs old I obtained a learner's permit in someone's name and I did get caught and had my right to drive suspended for a year. All documented and nobody is disputing that fact. However, at the age of 30+ the RMV suspended my right to drive because the face recognition software picked up on the two pictures of me the database. I explained to the Mass State Police Special Investigation Unit during my appt with them regarding the false permit that it already resulted in a prosecution and suspension. The Special Investigation Unit hearing officer told me that it shouldn't be a problem and I should go to the RMV to have my right to drive reinstated.

I made my way to the RMV and met with a hearing officer. In summary, she told me after a few meetings with her that the identity that I used to obtain the record had been merged with my driving record. She then told me that she would separate the two records by getting on the phone with the Special Investigations Unit and sorting it out. After I repeatedly pushed for progress on a resolution, she told me that there wasn't anything she could do.

Shortly after, I received a letter from the RMV stating that my license had been suspended for 1 year for a false license and a host of other issues. Turns out that the identity I choose to take, way back when, was that of a habitual offender... so then his offenses appeared on my record.
Of course, I tried explaining to the RMV the error, but they could not see past the offenses on the computer screen to even begin to listen. I then requested a hearing with the Board of Appeals. And after waiting almost 2 months they told me that they could not help me and I should go to the RMV and have them fix the mix up... if there is one.

Frustrated and busy because I just purchased a fixer upper I just decided to wait it out until I had time to really fight it. I would periodically (a total of 9 times over a 2 year period) visit the RMV hoping that someone would hear me out or give me direction, but nobody did. Although, the suspensions expired I refused to pay the $600+ reinstatement fee. Plus, I didn't know if the actions of this guy would still haunt me and I'd have my license taken away again.
Eventually I got the good sense to go back to the Special Investigations Unit and plead my case to them. Well "them" turned out to be the same guy from two years ago that told me that [I shouldn't have anything to worry about. They can't fine you twice because that would be double jeopardy.] He ultimately removed the fee and reinstated my right to drive.

Please tell me I have the grounds for a lawsuit. This has cost me a tremendous amount of hardship and stress. I didn't even receive an apology. I just received lectures on how I deserved what happened to me from RMV employees. I'm almost sure they enjoyed the irony of my pain regardless of the fact that I was only 18 yrs old when I committed the act.

[Mr. Knowitall]

Let's see... you might want to sue the person whose criminal acts caused the problem in the first place, by applying for a license in somebody else's name. But wait - that's you.

Sorry, the fact that your bad choices created confusion with your driving record is not going to support a lawsuit against the DMV for its difficulty clearing up the resulting confusion.

[cyjeff]

Agreed.

You can't sue the state because the person you decided to impersonate was a terrible driver.

You should have picked the person whose identity you stole a bit more carefully.

[licensegrl]

The time and stress this cost you is nothing compared to the money the State spent in man hours for this investigation to take place

[LawResearcherMissy]

Please tell me I have the grounds for a lawsuit.

Our contributors aren't in the business of granting wishes.

Legally, you haven't a leg to stand on.

This has cost me a tremendous amount of hardship and stress.

As is right and proper. There's a reason that one is expected to actually follow proper procedure when obtaining a license. Shortcuts...usually aren't so short in the long term.

I didn't even receive an apology.

None is necessary. Certainly none is legally required, and you don't have grounds to sue because the RMV managed to hurt your feelings.

I just received lectures on how I deserved what happened to me from RMV employees.

Consider reading up on Karma.

I'm almost sure they enjoyed the irony of my pain regardless of the fact that I was only 18 yrs old when I committed the act.

You mean they held you, an adult, responsible for an illegal act you committed as an adult? Why, the NERVE! You'd think they were being totally unreasonable or something!

[Ready2go]

Our contributors aren't in the business of granting wishes.

Legally, you haven't a leg to stand on.



As is right and proper. There's a reason that one is expected to actually follow proper procedure when obtaining a license. Shortcuts...usually aren't so short in the long term.



None is necessary. Certainly none is legally required, and you don't have grounds to sue because the RMV managed to hurt your feelings.



Consider reading up on Karma.



You mean they held you, an adult, responsible for an illegal act you committed as an adult? Why, the NERVE! You'd think they were being totally unreasonable or something!

Anybody want to cast one more stone of moral judgement at my youthful indiscretion? Actually, I was about 16 but thats here nor there.

Apologies should come when somebody has been wronged and punished twice over and lied to then dismissed. I guess everybody believes that my I should be a second-class citizen for the rest of my life and have this one act limit my ability to provide for my posterity.

Redemption and double jeopardy are two concepts the saints and Buddhists monks here seem to struggle with. Thanks for the help.

The time and stress this cost you is nothing compared to the money the State spent in man hours for this investigation to take place

Trust me, it was the software that generated the response. Man hours, I'm sure were small. Money/Man hours is nothing if nobody pays attention.

[LawResearcherMissy]

Anybody want to cast one more stone of moral judgement at my youthful indiscretion? Actually, I was about 16 but thats here nor there.

Don't cry to us "But I was 16!" when YOU told us you were 18. Backpedal, much?

Apologies should come when somebody has been wronged and punished twice over and lied to then dismissed.

It's not a legal imperative. But if you think you can sue for one, it's your money.

I guess everybody believes that my I should be a second-class citizen for the rest of my life and have this one act limit my ability to provide for my posterity.

Render unto me a BREAK. Drivers license suspension is TEMPORARY. It's not like you have to answer Yes to the "Have you ever been convicted of a felony?" question.

This is an information forum, not a sympathy and support forum. Emo 101 is down the hall and to the right.

[cyjeff]

Emo 101 is down the hall and to the right.

Look for the sounds of sobbing, the smell in righteous indignation and the pallet of Kleenex outside the door.

Off you go.. no shoving... single file... that's fine then... they have tea and jaffa cakes for the ones that need medicinal calories.

[paleolith]

This is an information forum, not a sympathy and support forum. Emo 101 is down the hall and to the right.

LRM, you are injecting most of the Emo and moralism into this thread. Legally the OP served his/her time and legally should not continue being penalized for it. Your statements that the OP's situation is his/her own fault due to actions taken some 15 years ago is purely a moral judgment, not a legal one. You are allowing your moral judgment to interfere with your legal judgment.

The RMV handled it very poorly. Basically they said "the computer says this is your record and the computer must be right". But the computer doesn't write the law. The RMV reps accepted the information given via the provided computer interface, when they should have gone to the IT department and said the computer is wrong, fix it. (I'm in IT and if a user says the computer is wrong, I fix it.) But handling it poorly does not create a case for damages.

The appropriate response to the OP is simply "yeah, they did a bad job of handling it, but you don't have a case for damages so get on with your life". The rest is moralizing.

Edward

[Ready2go]

LRM, you are injecting most of the Emo and moralism into this thread. Legally the OP served his/her time and legally should not continue being penalized for it. Your statements that the OP's situation is his/her own fault due to actions taken some 15 years ago is purely a moral judgment, not a legal one. You are allowing your moral judgment to interfere with your legal judgment.

The RMV handled it very poorly. Basically they said "the computer says this is your record and the computer must be right". But the computer doesn't write the law. The RMV reps accepted the information given via the provided computer interface, when they should have gone to the IT department and said the computer is wrong, fix it. (I'm in IT and if a user says the computer is wrong, I fix it.) But handling it poorly does not create a case for damages.

The appropriate response to the OP is simply "yeah, they did a bad job of handling it, but you don't have a case for damages so get on with your life". The rest is moralizing.

Edward

Thank you Edward. I will take your advice and move on after I write the RMV ombudsman. Maybe writing will help others in my situation and next time I wont mention my personal inconvience. Thanks again.