Board of Appeal Hearing
The Board of Appeal of the Division of Insurance hears cases regarding DUI revocations, hardship licenses, license reinstatements, suspensions, revocations, ignition interlock devices, Junior Operator License (JOL) Violations, habitual traffic offender revocations, immediate threat suspensions, and drug violations. The Board has the legal authority to override modify or reverse most decisions of the Registry of Motor Vehicles. You must file a written request to obtain a hearing before the Board of Appeal. Appearing before the Board can be confusing, frustrating, and very intimidating, especially for those who are not represented by a license suspension attorney. Given the complexities of Massachusetts laws regarding license suspensions / revocations, hardship licenses, and ignition interlock devices, and operating under the influence of liquor. Representation by a skilled license suspension attorney familiar with the Mass. Registry and Board of Appeal can make the difference between winning and losing. It is absolutely critical to be well-prepared for your Board of Appeal Hearing. You will have a very limited opportunity to present your case and you must present certain key evidence in order to win.
WHAT TO EXPECT AT YOUR BOARD OF APPEAL HEARING
At the beginning of your Board of Appeal Hearing, your name will be called by the Board and you will be asked to provide some basic information for identification purposes. A representative of the RMV will then summarize your driving record to the Board members, who may also have a copy of your criminal record. You must be adequately prepared to address the contents of both your criminal and driving records. You will then be given an opportunity to present your case. To win, you must have a concise argument which addresses certain key issues. Prior to the conclusion of your hearing, you will be allowed to submit documents and other evidence for the board's consideration. The services of a skilled attorney can dramatically increase your chances of winning. Contact an attorney today to discuss your appeal.
If you have any court action currently pending at the time of your MA Board of Appeals hearing (any unresolved tickets/violations, future court dates or matter; that have been continued) it is important for you to notify your attorney, so that he can inform the Board. Such outstanding actions may prevent the Board of Appeals from making a decision until your present record is complete.
Board members may ask questions regarding your driving and/or criminal record, alcohol treatment (if applicable), necessity for a license, work & family situation etc... It is imperative to have answers for these questions. Our lawyers will prepare you for these questions before your hearing. Contact a license suspension attorney to discuss your case.
AFTER YOUR BOARD OF APPEAL HEARING
At the end of the testimony and the questions by the Board your hearing will be closed. After your MA Board of Appeals Hearing, the Board members will review the testimony, documentation and laws applicable to your appeal and make a new decision. They will vote on whether to affirm, modify, or reverse the Registry's decision. The official decision of the Board will be mailed to you and a copy to the Registry approximately 7 to 10 days following your hearing, unless your case is being held open for the submission of additional information.
The MA Board of Appeals may reverse the license suspension or revocation, shorten its duration, uphold the suspension/revocation, or order the Registry to issue a Massachusetts Hardship License. You will receive the board's decision by mail. If you do not get the requested relief, you have the right to appeal the decision to Superior Court. You must file your appeal within 30 days of receipt of the Board's decision. If the Board of Appeal orders the Registry to reinstate your license, you must bring the board's written decision to the Registry to get your license reinstated.
If the Board of Appeal decides not to grant a hardship license or license reinstatement, the decision may advise you to re-apply on or after a certain date. The Board does this when it believes that your case has merit but you have not served enough time on your license revocation / suspension.
Some people try to represent themselves before the Registry and Board of Appeal. This can be a big mistake. Without knowledge of the applicable rules, procedures, laws, and key issues of a case, a client trying to represent himself or herself could take an otherwise "winning" case and not prevail. Contact a license suspension attorney today regarding your Massachusetts License Suspension / Reinstatement case.