We have been informed that the BMV has a new computer program that is allowing them to institute a new policy to go back and look at old driver records and determine if an Habitual Traffic Violator 5 or 10 year suspension should have been ordered. Depending on how they do this, it could be illegal and we believe we could challenge this in many cases. We have already identified a cause of action against this aggressive action by the BMV.
This new policy could affect those persons who have had a conviction overturned to avoid HTV. If the BMV can find a ten year period of time where you had the required traffic offenses, they will suspend you now! I have seen one so far where the BMV suspended someone for 10 years whose driving behavior was 8 years old. Give us a call if you need help.