Simply having all of the items required for a hardship license does necessarily mean that a Registry Hearings Officer will grant you a reinstatement. There are multiple reasons why someone may be denied hardship relief, despite meeting the Registry’s minimum requirements. One of the most common reasons for being denied a hardship license is the applicant’s general driving record.
A long driver history which contains multiple violations and suspensions can result in a hearings officer refusing to issue you a DUI hardship license. This is known as a general record denial and it occurs when the hearings officer makes a determination that a person’s general driving record indicates that granting a hardship license may not be in the best interest of public safety.
In addition considering all of the infractions, violations, citations, and suspensions listed on a person’s Massachusetts and out of state driving record, in DUI hardship license appeals, Registry Hearings Officers will also consider the timing of the applicant’s drunk driving convictions. When DUI convictions are relatively recent and close together, the hearings officer may conclude that the person has an acute alcohol problem and granting a hardship license may endanger the public safety. A Massachusetts RMV Hearings Officer can make this determination and deny a hardship license even when the applicant has met all of the Registry’s requirements.
Those who have been denied hardship licenses from the Mass. RMV can appeal the hardship license denial to the Division of Insurance Board of Appeal. The Board has the legal authority to order the Registry to grant a hardship license even when then Registry has initially refused to do so. Board of Appeal hearings must be requested in advance by filing a hearing application and paying the required filing fee. It takes 6-8 weeks to get a Board of Appeal hearing scheduled. Board of Appeal hearings are much more formal than Registry hearings and hiring a lawyer is strongly recommended.
If you have been denied a hardship license by the Registry, please contact me to discuss appealing the denial to the Board of Appeal. I have obtained hardship licenses in a large number of cases involving DUI, habitual traffic offender, 7 surchargeable events, and drug suspensions.