The loss of a driver’s license is difficult for anyone. However, the burden on those with health issues can be overwhelming. Losing your driving privileges can hinder you from visiting doctors, undergoing procedures, attending treatment sessions, and a variety of other health necessities. Individuals in this position may be able to obtain a medical necessity license in Massachusetts.
The important thing to remember is that there’s no guarantee that such a hardship license will be issued. Additionally, there’s really no appeals process if you’re turned down. However, this doesn’t mean that you shouldn’t try. It simply means you need to build a strong case for a Massachusetts medical hardship license from the start. The following information can help.
Are You Eligible for a Massachusetts Medical Hardship License?
Before starting the process of applying for a hardship license, you should first understand whether you’re eligible. The answer to this question will depend on several factors. One of those factors is the reason behind your initial suspension. For instance, those with impaired driving convictions may need to take an alcohol education class or get an Ignition Interlock Device to be eligible.
There are dozens of reasons a person may lose their license, so the requirements for securing a medical hardship license can vary significantly. However, everyone applying for this limited-use license must show that they’ll suffer an undue burden if they’re unable to drive. If you have a serious medical condition that requires you to commute, this shouldn’t be a difficult burden to prove.
How to Apply for a Medical Hardship License in Massachusetts
Even if you meet all eligibility requirements for a medical hardship license in Massachusetts, there’s no guarantee that you’ll get one. The Registry of Motor Vehicles (RMV) has full discretion over these cases, and they’re not required to issue a license under any circumstance. As such, the best way to see if you qualify may be to simply submit an application.
Here’s how to apply for a medical hardship license in Massachusetts:
- Schedule a hearing: Setting up a hearing to make your case is the first step. Make sure you can get a ride for your scheduled date.
- Gather necessary documents: You’ll need to present certain documents to support your request. Necessary documentation varies depending on why your license was suspended.
- Pay fees: Applying for a hardship license requires fees. These can vary significantly based on your individual circumstances.
- Attend your hearing: It’s possible to schedule a phone hearing if you can’t make it in person. Either way, you have the right to legal representation for these hearings.
- Provide additional information: You may receive requests for additional information from hearing officers. Make sure to provide it.
- Follow the rules: If issued a medical hardship license, make sure you abide by all the terms and conditions laid out by the RMV.
Clearly, this process can be a bit cumbersome. This is why many people seek the assistance of medical hardship license attorneys in Massachusetts. Dealing with a serious health issue is already difficult enough, and things are even worse when you can’t drive yourself. Let a legal professional shoulder some of this burden for you.
What if You’re Denied a Hardship License?
When you submit your hardship license appeal, it’s important to keep your expectations in check. Again, no one is guaranteed access to these restricted licenses. If you’re turned down, the RMV might grant another hearing. However, this is pretty rare. And since there’s no appeals process, your best bet is to make your case during your initial request.
There are some cases, though, where additional avenues are available. Anyone who lost their license due to an operating under the influence (OUI) conviction between 2011 and 2019 can request a new trial. The breath tests used for these convictions were prone to inaccurate results. If you can get the convction thrown out, perhaps your license suspension will end as well.
Avoiding a License Suspension
If your license hasn’t been suspended yet, you’ve got a bit more leeway. In fact, you may never even have to worry about seeking a medical hardship license in Massachusetts. For instance, certain suspensions (e.g., Medical Immediate Threat suspensions) can be appealed and overturned. This can reinstate your non-restricted license.
If you’re facing criminal charges that could result in a license loss, though, your best bet is to avoid a conviction. The process of achieving this will vary based on your case, but in all instances, an attorney can help you decide how to move forward. Contact us today at The Law Office of Brian Simoneau by calling (508)-625-5776. We’ll advocate on your behalf.