Michael writes that the Mass. RMV suspended his license for when he did not pay a ticket that he forgot about. He states that he just got a new job and he cannot afford to pay the ticket, late fees, and reinstatement fee. He is therefore seeking a hardship license.

Answer: There is no way to get a hardship license in this situation. You must pay all outstanding obligations prior to getting any kind of license and there is absolutely no way to get a hardship license if you have any unpaid traffic citations.

Another potential hardship license client writes that he was convicted of 1st offender “second chance” disposition over 6 months ago and he had his license suspended for 3 years under the Melanie’s law.  He is asking about getting a Massachusetts Hardship License.

First, the gentleman states that he got a DUI 1st offender “2nd chance” disposition. This means that he has two DWI incidents on his record and the first conviction date was at least 10 years prior to his 2nd offense DUI arrest date. In the case of Commonwealth v. Cahill, 442 Mass. 127 (2004), the Massachusetts Supreme Judicial Court decided that someone who is arrested for 2nd offense OUI who has one (1) prior OUI which is at least 10 years old, may be considered for a “second chance, first offender” disposition.

Secondly, the potential client writes that he has a 3 year suspension. This tells me that he refused to take the breathalyzer and his license was suspended for 3 years as a result thereof. In most second or subsequent offense OUI cases, there is no ability to get a hardship license during a chemical test refusal suspension.  However, this case falls into an exception. Because the potential client got a  “second chance, first offender” disposition under the Cahill case, he may be entitled to consideration for a hardship license during the 3 year suspension period.

If you are attempting to get a Massachusetts Hardship License, please contact me for a free consultation and case review. It costs absolutely nothing for this service. There is no obligation to hire me or any lawyer from my office. I will review your situation, at no charge, and let you know exactly where you stand. Massachusetts license suspension laws are complex and they can be very confusing. Most attorneys, even DUI lawyers, do not understand these laws and they often call me for advice. Also, there is a great deal of inaccurate and out of date information posted on DUI websites. Do not risk getting the wrong answer to your hardship license or suspension appeal question. Call me anytime at 508-881-1119 or use the contact form on my website.

Attorney Brian E. Simoneau