You should not appear before the Board of Appeal of the Massachusetts Division of Insurance at a hardship license hearing if you have open criminal or civil matters that may result in future suspension(s).

The proper time to appear before the Board of Appeal is when your court activity has been fully resolved and you have no open or pending cases which would generate any new driver’s license suspensions or revocations if those cases resulted in convictions or guilty pleas. The Board will generally refuse to hear your case if you have pending automobile law violations, even if the Board accepted your application and the required filing fee. Appearing while you have pending motor vehicle violations might result in the Board denying your appeal without giving you a re-apply date. If this happens, you will be required to serve the entire balance of any active suspensions and you will not be granted any type of hardship or work license.

You should contact a lawyer to review your driving and criminal records prior to filing for any hardship license hearing with the Board to determine if you have open matters. If you have any open criminal cases or civil motor vehicle infractions (CMVIs) that would trigger license suspensions if you were convicted or found responsible, you should not appear before the Board. In situations such as this, the Board will either affirm the suspension and deny you a hardship license or not hold a hearing and place your case on hold until the open matters are resolved. The Board generally does not hear hardship appeals when other cases are pending, because it would make little sense to grant a hardship license only to have a new suspension supersede it.  Contact Attorney Brian E. Simoneau at 508-656-0057 or via e-mail (brian@simoneau.com) if you would like more information.