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brian@simoneau.com

Framingham Hardship License Lawyer

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The Massachusetts Board of Appeal has the power to override the Registry’s denial of a hardship license and order the RMV to grant you a license, even if the RMV had initially refused to do so. However, the Appeals Board will only grant you a hardship license if the majority of Board Members believe that you have a legitimate hardship and that giving you such a license will not endanger public safety. Under Massachusetts law, there is no right to a hardship license and getting one is, by no means, automatic. Here are some common reasons for being denied a hardship license by the Board of Appeal.

Insufficient Documentation Supporting Hardship Request. The Board of Appeal requires that all requests for hardship licenses be supported by documentation addressing the applicant’s hardship and need to drive as well as any danger or risk associated with returning the driver to the roadways of the Commonwealth. To satisfy this requirement, I prepare a comprehensive hearing memorandum for each hardhsip license case which I present to the Board.

Other Transportation Available. The Board only grants hardship licenses when the applicant has no other means to get to work, school, or medical appointments. If you can take public transportation or you can have family member, friend, or co-worker drive you around, you do not have a hardship which would warrant relief. To succeed, you must make a compelling case regarding your need to drive for reasons related to education, medical treatment, or employment.

Open criminal and/or civil cases which may result in a future license suspension(s). The Board will not grant you hardship relief only to have your license suspended or revoked because of a new conviction or responsible finding. This is one of the reasons why you should have a lawyer review your records prior to applying for a hardship license. Applying at the wrong time can be a huge mistake and it may disqualify you from getting a hardship license.

Evidence of Operation During Current Suspension(s). There are few things which rub the Board the wrong way more than recent operating after suspension or revocation convictions. Board members generally believe that the intentional act of getting behind the wheel without a valid license shows a conscious disregard for the law. In some cases, I have been able to provide satisfactory explanations for these incidents.

Multiple Active Suspensions. If you go before the Board of Appeal with 3 or 4 active habitual traffic offender or other simultaneous revocations, the Board will be understandably hesitant to grant you a hardship license. I, therefore, have to advise many potential clients to wait until some of their older suspensions expire. Appearing before the Board too early can result in a permanent denial which may disqualify you for any future hardhsip consideration and force you to serve the entire suspension. Contact me for a free assessment regarding when you should apply. 

Prior Board of Appeal and/or RMV Relief Granted. This means that you cannot go to the well to many times. Giving someone a hardship license is considered “extraordinary relief” and someone who re-offends after being granted a hardship license is less likely to get a hardship license the second time around. This is especially true when a hardship license applicant was arrested for DUI while on a hardship license.

Prior Suspensions & Poor Driving History. At your hardship license hearing, the Board of Appeal will have your complete driving and criminal records. Generally, the longer your records, the more difficult it will be to get a hardship license. Also, repeated and/or recent operating after suspension charges  will make it more difficult. I prepare my clients for their hearings by reviewing their records with them in advance.

Board Of Appeal Elected Not To Exercise Its Discretion. The Board is not required to give anyone a hardship license and it has wide latitude and discretion. This means that the Board has the power to deny a hardship license even if a candidate has all the proper documentation and meets all of the requirements. The court system defers to the Board’s specialized expertise and no court has ever ordered the Board of Appeals to issue a hardhsip license.

One of the best ways to increase your chances of getting a hardship license from the Board of Appeal is to hire a lawyer who specializes in Board of Appeal cases. I have an excellent track record of getting licenses for my clients and I may be able to help you get back on the road.

The Board of Appeal does not automatically grant hardship licenses and there are some common hardship license denial reasons which I will briefly explain. In any hardship license case which comes before the Board of Appeal of the Division of Insurance, the presumption is that you should serve the license suspension as imposed by the Registry under Massachusetts General Law. This means that the issuance of a hardship license is considered extraordinary relief. As such, a hardship license applicant must make a strong showing regarding the need to drive and that returning the driver to the road will not compromise public safety.

The first reason why the appeals board denies hardship license requests is that there is other transportation available, such as public transportation or the ability to get rides to and from work from friends, family members, co-workers. A hardship license should be a “last resort,” meaning that there are no other practical means of transportation for school, work, or medical reasons. Your hardship must be adequately documented and a lawyer can help ensure that you have the right documentation and there are ways to document a work related hardship without informing your employer about the loss of your license.

Next, the Board sometimes denies hardship licenses because it simply decides not to exercise its discretion. The Board’s decision regarding authorizing a hardship license is “purely discretionary” and the Board is allow to simply decline to exercise its discretion. The Board can consider hardship, but it is not bound to issue a license even if hardship is present. Consequently, hiring a lawyer can increase your chances of persuading the Board to find in your favor.

The third hardship license denial reason is that the Appellant has open or pending criminal cases or cases involving pending civil motor vehicle infractions. If you have pending suspensions which might trigger new license suspensions if you are convicted or found responsible, the Board will likely refuse to even hear your case until the other violations resolved. This is because any relief granted by the Board would be negated by any new court findings against you, which would trigger new suspensions. The Board hears over 5,000 cases each year and it has to be judicious with its hearing time.

Fourth, if there is recent evidence of operating after suspension, the Board is very likely to deny your appeal. The Board views hardship licensing as extraordinary relief and the general position is that if someone was recently found driving on a suspended license, they do not deserve a hardship license because they’ve shown a conscious disregard for the law.

Fifth, you have multiple license suspensions which are in effect at the time, it is difficult to get a hardship license from the Board of Appeal. You should speak with a Board of Appeal Lawyer regarding this situation.

Sixth, if you have previously received hardship relief from the Board of Appeal the Board is less likely to grant you hardship relief in the future.

Seventh, If you have a lengthy or poor driving record which contains multiple suspensions and revocations, the Board is less inclined to rule in your favor. Because of this, my office carefully screens clients before bringing them before the Board of Appeal.  Generally, the longer your driving and criminal records, the less likely the Board of Appeals is to grant you a hardship license.

With all of these hardship license denial reasons, it makes sense to consult with a lawyer prior to applying for a hearing. There is a real and appreciable risk that if you appear before the Board unprepared, the Board may rule against you and require you to serve the entirety of your license suspension with no relief. The best way to guard against this is to hire a lawyer to prepare your case and represent you before the Board. Legal representation includes case preparation, submitting a hearing memorandum,  and presenting the case at your hearing.