Driving While Suspended Hurts Hardship License Chances

Driving on a suspended license can hurt your chances of getting a hardship license from either the Registry of Motor Vehicles or the Division of Insurance Board of Appeal. The Board members believe that driving on a suspended license shows a lack of respect for the law and the Board of Appeal has interpreted this as evidence that the hardship license applicant is not ready to resume driving. Even in cases where an appellant has a strong need to drive, the Board may still deny hardship relief. It is for this reason, that it is important to respect your license suspension and not be caught driving while under suspension, especially in Massachusetts.

Massachusetts police officers are equipped with sophisticated technology to detect drivers whose licenses are under suspension. They use automatic license plate readers and a computerized database of drivers whose licenses are under suspension. The police computer systems can automatically query vehicle license plates and check the license status of registered owners. If the owner’s license is suspended, the police are allowed to stop the vehicle to see who is driving. Thus, without committing any motor vehicle violations, you can be stopped and arrested for driving while suspended. This can severely impact your chances of getting a hardship license, the issuance of which is by no means guaranteed.

Contrary to popular belief, there is no right to a hardship license. Instead, courts have considered the issuance of hardship licenses “extraordinary relief” and the Superior Court affords the Board of Appeal substantial deference when it comes to deciding who gets a hardship license and who does not. Therefore, hiring a lawyer can increase your chances of getting hardship relief.

Don’t let an operating after suspension conviction ruin your chances of obtaining a hardship license, so that you can drive legally without the fear of being stopped and arrested. If you are convicted of driving while suspended, you will have an additional license suspension which the Registry will run from and after any existing suspension. Even if you are not actually convicted, any “evidence of operation” while your right to drive is suspended or revoked can be held against you.