The Mass. RMV Board of Appeal: 2 Common Mistakes in Hardship License Cases
The Board of Appeal of the Massachusetts Division of Insurance has the authority to grant hardship licenses, even when the Mass. RMV has refused to do so. The majority of appeals which the Board hears are Massachusetts DUI License suspensions. A large number of appellants have contacted me for assistance after they made the mistake of trying to represent themselves before the Board of Appeal and lost. Once this happens, for all practical purposes, the only recourse is to seek reconsideration or permission to file a new appeal with the Board. Although it is technically possible to appeal further to superior court, these appeals almost always fail. Under Massachusetts law, the Board is vested with a wide latitude and discretion in DUI hardship license cases. When it comes to the issuance of a hardship license to a DUI offender, the Board of Appeal is extremely circumspect and judicious. The Board denies more hardship license applicants than it approves.
The two biggest mistakes that people make when trying to get a hardship license at the Board of Appeals is appealing too early and appearing before the Board unprepared, without a lawyer. Massachusetts DUI license suspensions are statutory and the law specifies when someone can be considered for a hardship license. DUI second offenders must serve 1 year of the 2 year license suspensions, 3rd offenders must serve 2 years of the 8 year loss of license, and OUI 4th offenders must serve 5 years of the 10 year DUI license revocation. Appearing before the Board too soon is generally not a good idea and the Board generally requires appellants to serve the minimum suspension periods listed above.
Secondly, trying to represent yourself before the Board can result in a denial of hardship license relief. Many who come before the Board without a lawyer do not know what to expect at their Board of Appeal hearing and they have not adequately prepared their cases. Most are exceptionally nervous and they cannot convey, to the Board of Appeal, the key points that will put them back on the road. They are unable to adequately document and present a significant hardship or they cannot convince the Board that their problems have been brought under control, such that they do not present a risk to public safety.
Both of these problems can be avoided by hiring a lawyer who specializes in Massachusetts Board of Appeal cases before filing your appeal. It is a misconception that a hardship license applicant has “nothing to lose” by going before the Board of Appeal too early, unprepared, or unrepresented. In speaking with desperate clients who contact me after they represented themselves and lost their cases, I have seen firsthand the outcome of many of these cases.
