• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

(508)-656-0057

brian@simoneau.com

Framingham Hardship License Lawyer

Get your driver's license back.

  • Home
  • Hardship Drivers License
    • What is a Hardship License & How to Get One
    • Documents Required for DUI Hardship License
    • Drug Related License Suspension
    • Habitual Traffic Offender Revocations
    • RMV Hearing Procedures
    • Out of Massachusetts State Violations
    • Latest Hardship License News
  • DUI Suspensions
    • Intelrock Devices
    • 2nd Offense DUI
    • Breathalyzer Refusal Suspensions
    • Chemical Test Refusal Suspension Appeals
    • Massachusetts License Reinstatement Hearings
    • Under 21 DUI
    • SR-22 Insurance Certificates
    • Latest DUI Suspension Information
  • Board of Appeal
    • Board of Appeal Hearing Procedures
    • The Authority of the Board of Appeal
    • Your Board of Appeal Hearing Memo.
    • Hardship License Denial Reasons
    • More Board of Appeal Information
  • Blog
Get My License Back

Hardship License Denial Reasons

You are here: Home / MA Lawyer for Board of Appeal / Hardship License Denial Reasons

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.

Primary Sidebar

550 Cochituate Rd. #25
Framingham, MA 01710
Phone: (508) 656-0057
Fax: 508-302-0212
Email: brian@simoneau.com

Call or text anytime.

Hours of Operation

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM
SaturdayClosed
SundayClosed

Recent Posts

  • Handicapped Placard Can Trigger License Suspension
  • Breath Tests Excluded in MA DUI Trials
  • Ignition Interlock Proposed for First Offenders
  • Hand Sanitizer and the Ignition Interlock Device
  • What is a Cinderella License?
Ready to start?

The first step for a hardship license is to contact us.


Get My License Back
Your Message Has been Successfully Sent. Looking forward to speaking with you soon.
Your Message Has Not been sent. Try again later.

Footer

Contact A Lawyer Today

Contact me today so we can get started getting your driver's license back.

550 Cochituate Rd. #25
Framingham, MA 01710
Phone: (508) 656-0057
Fax: 508-302-0212
Email: brian@simoneau.com

Call or text anytime.

Important Links

  • Resources
  • Sitemap
  • DUI Suspensions
  • Contact
  • Hardship License Lawyer
  • Privacy Policy
  • Disclaimer & Terms of Use
  • About Us

Other Resources

  • Do I Need a Hardship License Lawyer?
  • RMV Hearing Procedures in Massachusetts
  • Breathalyzer Refusal Suspensions
  • Chemical Test Refusal Suspension Appeals
  • Hardship License Denial Reasons
Nav Map
Call Us
Text Us