Hire an Attorney Before your Board of Appeal Hearing

I get lots of calls from people who made the mistake of trying to represent themselves before the Massachusetts Board of Appeal. Instead of hiring an attorney to represent them before the RMV Board of Appeal, they have represented themselves or hired a lawyer who does not specialize in hardship license appeals. After the Board has affirmed the decision of the Registrar and denied their appeals, they contact me to appeal the Board’s decision. Although, technically, those who are denied relief are allowed to appeal to Superior Court, no superior court judge, in the history of Massachusetts, has ordered the Board to grant a hardship license. Instead, courts have consistently ruled that the Board as wide latitude and discretion when it comes to deciding who gets hardship license and who does not.

In most cases, the Board denies hardship licenses for the following reasons: traffic violations, open criminal or civil matters that may result in future suspension(s), evidence of operation during current suspension(s), multiple active suspension(s), other transportation available, no hardship found, insufficient documentation supporting hardship request, prior suspension(s), or a poor driving history.

To get a hardship license, you must present substantial evidence that you have a legitimate hardship and that there is no alternative transportation available which would allow you to get to work, school, or medical appointments. Also, you must show that you are not a danger to public safety, because the causes of your past or present violations have been effectively addressed.

The Division of Insurance Board of Appeal does not automatically issue hardship licenses and they can be difficult to obtain. There is absolutely no automatic right to a Massachusetts hardship license, even if you have served the minimum amount of suspension time. Contact Attorney Brian E. Simoneau for more information regarding hardship licensing in Massachusetts.