Just because the Registry of Motor Vehicles has denied you a hardship license, that doesn’t mean that you cannot get one. You have the legal right to appeal any license denial, suspension, or revocation to a 3 member appellate board known as the Board of Appeal. This Board has the power to overrule hardship license denials and it can order the Mass. RMV to issue you a hardship license even if you do not satisfy all of the Registry’s requirements for licensure.
The Board of Appeal hearing process is much more formal and involved, as compared to appearing before a Registry Hearings Officer at a walk in hearing. These hearings must be scheduled in advance and preparation is essential. You have the right to be represented by legal counsel and hiring the right lawyer often makes the difference between winning and losing.
The hearing process is somewhat “adversarial,” meaning that a representative from the Suspension Department of the Mass. Registry will attempt to convince the Board of Appeal that you should not be granted a hardship license or a reinstatement of your full license. The Registry’s representative will present your driving and criminal records to the Board. He or she may make legal arguments to support the Registry’s decision.
After the Registry completes its presentation of the case, you and your lawyer will have an opportunity to submit any documents which you want the Board to consider and you can make legal and factual arguments to support your appeal. In every hardship license appeal which I handle, I submit a detailed legal memorandum which explains why the Board should reinstate your right to operate and/or grant you a hardship driver’s license.
If the Registry has denied you a hardship license or refused to reinstate your license, I invite you to contact my office for a free consultation and review of your case. After speaking with a lawyer, you will know exactly where you stand and what can be done to get you back on the road.