Hardship Licenses

You’re stuck.  Your license is suspended.   What do you do?  Well, you may qualify for a Hardship License.  The Law Office of Jessica A. Foley can help you obtain a Hardship License.

How does it work?

There are two hearings that you have to go to when you want to get a Hardship License (a.k.a. Cinderella License) in Massachusetts.  The first hearing takes place at one of the Registry of Motor Vehicle locations that handles hearings.  The second one usually has to be applied for after you are denied a Hardship License at the first hearing.  The first hearing is called a “Walk-in Hearing”.

What to expect at the “Walk-in”:

At many locations you want to make sure you get there EARLY, sometimes (like in Brockton) before the RMV even opens.  Then you will stand in line to get a form to fill out and then you either give the administrator back your form, or hold on to it and you will be called by one of the Hearing Officers.  Practices vary from office to office so just pay attention.  At the hearing you will be allowed to present your case to the Hearing Officer and he or she will decide if you are eligible for a Hardship.   If they deny you, you have the right to appeal to the Board of Appeal and will be given a form to fill out.   The timeframe for your hearing depends on how long your suspension is scheduled for.

Who is likely to get a Hardship License at the Walk-in?  It depends.  Sometimes, people who have been charged with drunk driving and have taken the Breath Test have good luck getting a Hardship License.  In some instances, there are statutory suggestions that you get a Hardship after a certain period of time.

The Board of Appeal:

This is a previously scheduled hearing.  You will be asked to report to the Registry of Motor Vehicles in Boston or possibly to a local court, such as Marlborough District Court, before three members of the Board of Appeal.  There will be a representative from each of the following at the Hearing, the Attorney General’s Office, the Commission of Insurance and the Registry of The Motor Vehicles Driver Control Unit.  There will also be a representative from the State Police.  Your hearing will be scheduled with many other hearings that day.  You can submit evidence via documents (such as a Memorandum) and/or testify.

Hearings can be daunting.  You have the right to have an attorney represent you at both hearings.  You also have the right to a Judicial Review of the Board of Appeal Hearing.

Attorney Jessica A. Foley has extensive experience representing people in front of the Registry of Motor Vehicles and can be reached at 866-981-7888 or Jessica@JessicaFoleyLaw.com.

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