by Attorney Brian E. Simoneau
21. January 2011 22:29
In the case of Camiolo v. Board of Appeal on Motor Vehicle Liability Policies and Bonds, the Massachusetts Appeals Court recently upheld the denial of a hardship license on the grounds that the Board’s decision to deny hardship relief was based on an extensive driving record record of motor vehicle violations, including 11 citations for driving without insurance, 21 citations for operating after suspension, and a past modification of a suspension. Camiolo was not represented by an attorney.
Camiolo appealed a one-year suspension of his driver's license for no liability policy, which is considered a surchargeable event and one of several grounds for revocation under the Mass. Habitual Traffic Offender Law. Although his license was reinstated, because he had served the 1 year suspension, he sought a reimbursement of the reinstatement fees which he paid to the Massachusetts Registry of Motor Vehicles.
On appeal, the Court found no merit in Camiolo’s claim that his due process rights were violated and he failed to meet his burden of proving that either the no liability policy suspension or the denial of the hardship license was erroneous.
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