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Mass. RMV Lawyer

Massachusetts License Suspension Appeals

  • DUI Suspensions
    • Massachusetts Drunk Driving Law
    • Mass. Breathalyzer & Chemical Test Refusal Suspensions
    • Breathalyzer Refusal Suspension Appeals
    • Massachusetts Breathalyzer Refusal Rights & Penalties
    • Breathalyzer Refusal / Chemical Test Refusal
      • Suspension Appeals for Constructive Breathalyzer Refusals
      • Chemical Test Refusal License Reinstatement Hearings
      • Appealing a 5 year Chemical Test Refusal Suspension
    • 2nd Offense DUI Suspensions
    • Melanie’s Law
      • Ignition Interlock Device Reinstatement Procedures
      • Rolling Re-test Violations in Massachusetts
      • Problems with Ignition Interlock Devices
      • Ignition Interlock Circumvention
      • Ignition Interlock Device Removal
      • Ignition Interlock Device Lockouts
      • Check your Eligibility for a Mass. Hardship License
    • OUI Child Endangerment License Suspensions
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    • Tougher Mass. OUI & other Motor Vehicle Laws Proposed
    • Check your Eligibility for a Mass. Hardship License
    • Traffic Tickets
      • Request for Detailed Driving History Record
      • Speeding Citation Suspensions
      • Check your Eligibility for a Mass. Hardship License
  • Out of State & NDR Suspensions
    • A21 – DUI of Alcohol Suspensions
    • National Driver Register (NDR) Revocations
    • The National Driver Register (NDR)
    • Out of State DUI Suspensions for Mass. Residents
    • Out of State DUI Convictions
    • Mass. DUI Consequences for Non-Residents
    • Out of State License Revocations
    • A New York DWAI or DUI and your Massachusetts License
    • New York DWAI Suspensions
    • The National Driver Register & Out of State License Suspensions
    • National Driver Register License Suspensions
    • Out of State Suspensions & DUI Convictions
    • The Consequences of Getting a DUI in NH or Other States
    • Out of State DUI Suspensions & the Mass. RMV
  • Immediate Threat Suspensions
    • What is an Immediate Threat Suspension?
    • I wrote the Book on Immediate Threat Suspension Appeals
    • Appeal your Immediate Threat Suspension
    • Immediate Threat Indefinite Revocations
    • Immediate Threat Revocations Are Constitutional
    • Massachusetts Immediate Threat Indefinite Revocations
    • Immediate Threat Indefinite Suspensions
    • Complaint Immediate Threat Indefinite Suspensions: MV Violation Required
    • Elderly Drivers & “Complaint Medical” or “Immediate Threat” Suspensions
    • Fatal Accident Preliminary Suspensions
    • Updated Immediate Threat Information
    • Check your Eligibility for a Mass. Hardship License
  • Board of Appeal
    • Massachusetts RMV Board of Appeal
      • Surcharges, Citations, & Insurance
    • The Division of Insurance Board of Appeal
    • Board of Appeal Hearing
    • Get Your Suspended MA License Back
    • Get a Hardship License from the Mass. RMV or the Board of Appeal
    • Board of Appeal & RMV Hearings: Your Last Chance to Present Evidence
    • Not Hiring a Lawyer for your Board of Appeal Hearing is not Smart
    • Hardship License Appeal Process
    • Check your Eligibility for a Mass. Hardship License
    • More Board of Appeal Information
    • More Board of Appeal Information
  • CDL Revocations
    • CDL License Suspension Penalties
    • Commercial Drivers License Suspensions
    • Mass. CDL Suspensions & Disqualifications
    • CDL Disqualifications & Revocations
    • Mass. DUI Commercial Drivers License (CDL) Penalties
    • Tough Penalties for CDL Holders in Massachusetts
    • Latest CDL News & Information

Board of Appeal Hearing

DOI Board of AppealThe Board of Appeal of the Division of Insurance hears cases regarding DUI revocations, hardship licenses, license reinstatements, suspensions, revocations, ignition interlock devices, Junior Operator License (JOL) Violations, habitual traffic offender revocations, immediate threat suspensions, and drug violations.

The Board has the legal authority to override modify or reverse most decisions of the Registry of Motor Vehicles. You must file a written request to obtain a hearing before the Board of Appeal. Appearing before the Board can be confusing, frustrating, and very intimidating, especially for those who are not represented by a license suspension attorney.

Given the complexities of Massachusetts laws regarding license suspensions / revocations, hardship licenses, and ignition interlock devices, and operating under the influence of liquor. Representation by a skilled license suspension attorney familiar with the Mass. Registry and Board of Appeal can make the difference between winning and losing. It is absolutely critical to be well-prepared for your Board of Appeal Hearing. You will have a very limited opportunity to present your case and you must present certain key evidence in order to win.

WHAT TO EXPECT AT YOUR BOARD OF APPEAL HEARING

At the beginning of your Board of Appeal Hearing, your name will be called by the Board and you will be asked to provide some basic information for identification purposes. A representative of the RMV will then summarize your driving record to the Board members, who may also have a copy of your criminal record. You must be adequately prepared to address the contents of both your criminal and driving records. You will then be given an opportunity to present your case. To win, you must have a concise argument which addresses certain key issues. Prior to the conclusion of your hearing, you will be allowed to submit documents and other evidence for the Board’s consideration. The services of a skilled attorney can dramatically increase your chances of winning. Contact an attorney today to discuss your appeal.

If you have any court action currently pending at the time of your MA Board of Appeals hearing (any unresolved tickets/violations, future court dates or matter; that have been continued) it is important for you to notify your attorney, so that he can inform the Board. Such outstanding actions may prevent the Board of Appeals from making a decision until your present record is complete.

Board members may ask questions regarding your driving and/or criminal record, alcohol treatment (if applicable), necessity for a license, work & family situation etc… It is imperative to have answers for these questions. Our lawyers will prepare you for these questions before your hearing. Contact a license suspension attorney to discuss your case.

AFTER YOUR BOARD OF APPEAL HEARING

At the end of the testimony and the questions by the Board your hearing will be closed. After your MA Board of Appeals Hearing, the Board members will review the testimony, documentation and laws applicable to your appeal and make a new decision. They will vote on whether to affirm, modify, or reverse the Registry’s decision. The official decision of the Board will be mailed to you and a copy to the Registry approximately 7 to 10 days following your hearing, unless your case is being held open for the submission of additional information.

The MA Board of Appeals may reverse the license suspension or revocation, shorten its duration, uphold the suspension/revocation, or order the Registry to issue a Massachusetts Hardship License. You will receive the board’s decision by mail. If you do not get the requested relief, you have the right to appeal the decision to Superior Court. You must file your appeal within 30 days of receipt of the Board’s decision. If the Board of Appeal orders the Registry to reinstate your license, you must bring the board’s written decision to the Registry to get your license reinstated.

If the Board of Appeal decides not to grant a hardship license or license reinstatement, the decision may advise you to re-apply on or after a certain date. The Board does this when it believes that your case has merit but you have not served enough time on your license revocation / suspension.

Some people try to represent themselves before the Registry and Board of Appeal. This can be a big mistake. Without knowledge of the applicable rules, procedures, laws, and key issues of a case, a client trying to represent himself or herself could take an otherwise “winning” case and not prevail. Contact a license suspension attorney today regarding your Massachusetts License Suspension / Reinstatement case.

Related Articles

  • Massachusetts RMV Board of Appeal
  • The Division of Insurance Board of Appeal
  • Get a Hardship License from the Mass. RMV or the Board of Appeal
  • Board of Appeal & RMV Hearings: Your Last Chance to Present Evidence
  • Not Hiring a Lawyer for your Board of Appeal Hearing is not Smart

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Attorney Brian E. Simoneau
550 Cochituate Road, Suite 25
Framingham, MA 01701-4683 (map)
Call or Text: 508-656-0057
Fax: 508-302-0212

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Disclaimer

Mass. RMV Lawyers is not a government agency or affiliated with the Massachusetts Registry of Motor Vehicles or any DMV. You can reach the suspension section of the Mass. RMV at 857-368-8200 and you can reach the Mass. Board of Appeal at 617-521-7794.

Contact

Brian E. Simoneau, Esq.
550 Cochituate Road, Suite 25
Framingham, MA 01701-4683
(508) 656-0057
attorney@rmvappeal.com

Recent Posts

  • The Pennsylvania ARD Program Q&A
  • Another Customer Service Failure at the RMV
  • Inaccurate IID Readings
  • D36 – Failure to Maintain Liability Insurance

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