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Some people who are seeking hardship licenses have difficulty coming up with the money to hire a lawyer for their Board of Appeal hearings. Unable to afford an attorney, they try to represent themselves. Most people who try this lose and do not get hardship relief. While an attorney is not required for a hardship license hearing before the Division of Insurance Board of Appeal, it is strongly recommended. Unfortunately, this person’s options are extremely limited. The Superior Court affords the Board almost complete latitude and discretion when it comes to deciding who gets a hardship driver’s license and who gets denied. Once the Board denies a hardship license appeal, the Appellant will generally be required to serve the suspension as it is next to impossible to win a hardship license denial in Superior Court, where no new evidence can be presented. After a person is denied by the RMV appeals board, most Registry hearings officers will not consider a person for hardship relief. Instead, they will refer the customer back to the Board of Appeal.
It is a misconception that people who lose at the Board of Appeal can simply re-apply in one year. The Board’s Finding and Order states that “after due consideration, the Board voted to affirm the decision of the Registrar of Motor Vehicles,” and the Finding and Order does not give you a re-apply date, you cannot file a new appeal. In fact, the Finding and Orders state “do not file another appeal on this matter with the Board unless this finding and order specifically instructs you to do so.”
Based on the aforementioned, it makes sense to do everything possible to increase your chances of winning your Board of Appeal case and getting a hardship license. Although hiring a lawyer does not guarantee success, it can certainly increase your chances of getting back on the road. Contact me today to discuss your license suspension and hardship license appeal.
