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Timing and Preparation: the Key to getting a Hardship License

by Brian E. Simoneau, Esq. 4. November 2009 10:09

Going to the Registry of Motor Vehicles for a hardship license hearing unprepared or too early can be a costly mistake. A client was just denied hardship relief at the RMV because she had a Registry hearing over a year ago and, at that time, she was denied hardship relief. Since her last hardship license hearing, several suspensions expired and she was able to get a 3 year chemical test refusal suspension vacated by a district court judge, because she was found not guilty of the 2nd offense OUI charge.

Nevertheless, even though the other suspensions were no longer in effect, the Registry refused to grant her a hardship license hearing on a 4 year Habitual Traffic Offender Revocation, because she previously had a hearing and was turned down. Now, she is forced to go to the Board of Appeal and wait approximately 2 months for a hearing. In the meantime, she suffers with no license and she has extreme difficulty getting to work and school.

This case shows how important it is to make sure that you are well prepared for a Registry hardship license hearing and how going to the RMV too early can cost you. It is important to proceed carefully when dealing with the Mass. RMV and Board of Appeal and unprepared appellants run the risk of being denied hardship relief and find themselves in the unenviable position of fighting a denial.

Many clients come to me after they have made the mistake of trying to represent themselves and, as a result, have taken procedural missteps which resulted in an adverse Registry or Board of Appeal finding. Situations like this are preventable. By going to the Registry or Board of Appeal at the right time, with the proper documentation, and a well-prepared case, you can increase your chances of being granted hardship relief. Appearing too soon, or without having done the necessary research and preparation, can and often does backfire and result in a denial of hardship relief. Do not let this happen to you. 

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