The Board of Appeal grants hardship licenses to qualified individuals who have license suspensions for various reasons such as being a Habitual Traffic Offender or being convicted of DUI. Most people who seek hardship relief from the Board of Appeal have been denied hardship consideration from the Registry of Motor Vehicles, leaving the Board as their only option.
Whenever the Board of Appeal issues a Finding and Order, which allows the successful Appellant to obtain a hardship license or, sometimes, a full reinstatement of his or her license, the Board states as follows: “The Board reserves the night to review this decision in light of new information that may be provided to the Board after the date of this hearing decision.” This means that the Board has the inherent authority to rescind its decision upon the receipt of new information.
The Board recently exercised its authority to revoke hardship relief granted to an Appellant because he was found to have been consuming alcohol after the Board granted him a hardship license. With the assistance of a Hardship License Lawyer, the gentleman obtained a 12-hour hardship license. He had 3 DUI convictions on his record and he testified that he no longer drank and was in recovery.
He had the Ignition Interlock Device installed as a condition of reinstatement and he experienced some initial start failures. The Registry sent him an Ignition Interlock Violation Letter and he had to attend a hearing at 136 Blackstone Street in Boston. He appeared without a lawyer and made incriminating statements, both verbally and in writing. The Registry revoked is license for 10 years for alleged initial start failures.
The gentleman retained Attorney Brian Simoneau to represent him before the Board of Appeal. He was appealing the 10-year license loss. Attorney Simoneau convinced the Board of Appeal that the license revocation for ignition interlock violations should be terminated and the Board ordered the Registry to terminate this 10-year license loss.
However, the Board members were extremely disappointed to learn that the Appellant had resumed alcohol consumption and the Board rescinded its Finding and Order which allowed him to obtain a hardship license. This means that he must serve the balance of his 8 year DUI 3rd offense license revocation.
The moral of this story is that the Board of Appeal giveth and the Board of Appeal taketh away. Anyone who is fortunate enough to receive a hardship license should not do anything to jeopardize that license.