Your Board of Appeal Hearing Memorandum

At every Board of Appeal hearing, I prepare and present a detailed hearing memorandum—a legal document that explains why the Board should decide in your favor and grant the requested relief, whether that is a 12-hour hardship license or a full reinstatement of your right to operate.

The hearing memorandum includes a summary of the reason for your license suspension, the suspension date, the triggering offense(s), and the portion of the suspension period you have already served. It also outlines the amount of time that has elapsed since your last arrest or driving incident.

The memorandum incorporates detailed information that you provide through my comprehensive client questionnaire. This section covers your living and family situation, personal background, occupation and work history, and any special circumstances related to your employment, medical needs, or education.

In cases involving DUI or drug-related suspensions, I address the issue of “risk of recidivism” by discussing the factors the Board typically considers relevant. These include the number of DUI or drug offenses, length of sobriety, last use of drugs or alcohol, treatment history, attitude toward alcohol or controlled substances, program attendance and completion, counseling, drug or alcohol test results, probation reports, and participation in self-help programs such as AA, NA, Al-Anon, or SMART Recovery, among other case-specific factors.

I also address “hardship,” which the Board defines as a legitimate, substantial, and well-documented need to drive for reasons beyond general convenience, errands, or recreational activities. The Board understands that losing a license is inconvenient, but hardship must rise above that general inconvenience. Demonstrating a documented need to drive for work, school, or medical reasons is what motivates the Board to grant hardship licenses. A hardship license must be a “last resort,” meaning you have no reasonable alternative such as public transportation. If adequate public transportation is available for your commute to work, school, or medical appointments, you will generally be disqualified from obtaining a hardship license.

In cases involving legal issues, I explain why the Board should reach a particular result based on applicable statutes, prior Board decisions, and rulings from the Massachusetts Superior Court, Appeals Court, and Supreme Judicial Court. Presenting these legal arguments on the record is essential in case you later need to appeal the Board’s decision due to an error of law.

Finally, I demonstrate how your past and present violations have been resolved and why the Board should exercise its discretion to order the Registry to override your suspension and reinstate your driving privileges.

To satisfy the Board’s documentation requirements, I attach supporting materials such as a work letter, proof of alcohol program completion, drug or alcohol test results, letters of recommendation, your personal statement, proof of employment, substance abuse evaluations, probation reports, references, proof of AA attendance, and certificates of completion, among others. Board members place significant weight on this type of documentation in hardship license appeals.