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The Board of Appeal: What You Need to Know

You are here: Home / News / The Board of Appeal: What You Need to Know

November 20, 2018 By Attorney Brian E. Simoneau

As you may already be aware, acquiring a Massachusetts hardship license is a great step toward getting your life back on track. If you’ve had your license revoked for some reason, you know that the inability to drive can take a big toll on your life. Unfortunately, not everyone who applies for a hardship license will be approved. Should you happen to find yourself in the category of having been turned down once for a hardship license by the RMV, don’t worry – you do have another option. By attempting to go through the Board of Appeal, you will have the opportunity to state your case and hopefully receive your hardship license when all is said and done.

Let’s take a look at some of the key things to keep in mind when pursuing this option.

Board of Appeal for hardship license in Massachusetts.

Start with the Massachusetts RMV

It’s important to avoid putting the cart in front of the horse with regard to turning to the Board of Appeals for hardship license help. Remember – this is not where you start the process. Even if you are doubtful as to your chances of being approved by the Massachusetts RMV, depending on the particular facts and circumstances of your case, that is still where you may need to get started. Except in straightforward DUI first offense hardship license cases, you should consider hiring a lawyer to handle your Registry hearing.

Understanding the Format

Working with the Board of Appeal is not the same process as going through the RMV to request a hardship license. This process is going to begin with the filing of an appeal, requesting that the Board take a look at the decision which was made by the RMV. There are going to be a total of three people on the Board of Appeal for your case, and you must get two of those three to be in favor of your hardship license in order to be successful. Unlike Registry hearings, Board of Appeal hearings are formal. Sworn testimony is taken and certain procedural rules apply. The Registry will be represented by a competent and skilled lawyer.

It should be noted at this point that you should not expect to have the same experience with the Board of Appeal as you had at the RMV. With the RMV, you are able to simply walk-in and wait for an opportunity to make your case regarding a hardship license. It’s not going to work that way with the Board of Appeal. Your appointment is going to be scheduled in advance, and the whole process is much more formal. The burden will be on you (and your representation) to make a solid argument in your favor. If you are unable to convince two out of the three Board members that you deserve a hardship license, you’ll wind up being turned down again.

Take Nothing for Granted

One of the biggest mistakes we see made with regard to hardship license in Massachusetts – whether it is with the RMV or the Board of Appeal – is individuals taking this process for granted. If you think it’s as easy as just filling out some forms and waiting for your application to be approved, you are in for a surprise. This is far from a done deal, and you will need to present your argument properly if you hope to be successful.

To avoid falling into the trap of taking this process too lightly, it might be smart to take a moment to remember what is on the line. Having the ability to drive is likely central to what you do on a day to day basis, so having that taken away will have a significantly negative impact on your lifestyle. Most likely, you have already learned just how damaging it is to lose your ability to drive legally, and you are anxious to get back on the roads. Keep the importance of this situation in mind as you go through the work required to secure your hardship license.

Working with a Board of Appeal Lawyer

As you have been reading through this article, you may have found yourself feeling a bit worried about your ability to make a convincing argument in front of a three-member Board. After all, this is probably not what you do for a living and constructing an argument on something so important can be nerve-wracking. That’s why it is such a good idea for most people to work with an attorney who is experienced in this field. By putting knowledge and experience on your side, you can relieve some of the pressure and hopefully find yourself on the right side of the decision when all is said and done.

There is nothing you can do to guarantee that you will receive a hardship license from the state of Massachusetts. It just doesn’t work that way. All you can do is put yourself in the best possible position to be successful. Whether that is when you go to your initial hearing at the RMV, or if it is during a hearing with the Board of Appeal, you want to get this right. Present yourself as a worthy candidate for a hardship license and you’ll hopefully walk away happy. With the help of an experienced attorney, you will have someone available to answer your questions and guide you in the right direction.

The opportunity to receive a hardship license is not something you should take lightly. Even if you are turned down initially, don’t give up hope. There is no point in quitting on the process before you have exhausted all of your options. By turning to the Board of Appeal, you will have a new opportunity to make arguments in your favor. There is no guarantee of success with this option, of course, but it is worth your time and effort. If you would like assistance as you work through this process, please feel free to contact us right away. Thanks for visiting!

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550 Cochituate Road
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Phone: (508) 656-0057
Fax: 508-302-0212
Email: brian@simoneau.com

Call or text anytime.

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