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The Division of Insurance, Board of Appeal

Hardship Licenses

The Board of Appeal on Motor Vehicle Liability Policies and Bonds of the Massachusetts Division of Insurance has been grated the legal authority to overrule hardship license denials by the Registry of Motor Vehicles. This means that if a Registry Hearing Officer has refused to grant you a hardship license for a driver’s license suspension or revocation for DUI, habitual traffic offender, 7 surchargeable events or a related suspension reason, you have the right to seek relief from the RMV Appeals Board. Virtually all third and fourth DUI offenders must go before the Board of Appeal. The Registry generally does not grant hardship licenses in these cases and appearing before the Registry is usually a complete waste of time. In these situations, there is absolutely no need to appear before the Registry before going to the Board of Appeal.

Hearings before the Division of Insurance Board of Appeal must be scheduled in advance and the required appeal form must be accompanied by the required filing fee. The Board’s Boston, Massachusetts office processes all appeal requests. The Board does not grant walk-in hearings and the Board can only grant hardship licenses after an evidentiary hearing is conducted.

Certain legal rules and procedures apply to Board of Appeal hearings and being represented by a lawyer who specializes in Board of Appeal practice is highly recommended. Board of Appeal cases require preparation in advance and the Board looks for documentary evidence to address both the Appellant’s need to drive and whether or not putting the driver back on the road will endanger public safety.

The Registry is represented by a lawyer at these hearings and he will work hard to convince the Board of Appeal to side with the Registry and not grant hardship relief or an early license reinstatement.

Given the high stakes involved, appearing before the Board can be an anxiety provoking and stressful experience. If you are attempting to obtain a Cinderella license, I invite you to contact my office to see how an experienced lawyer might be able to help you get back on the road.

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