My question involves criminal law for the state of: MA
I had my 2nd meeting with the Board of Appeals this week to try and obtain a hardship license (had my last one back in February). I'm currently serving a 2 year suspension which began in September of 2009. I was denied a hardship license.
Long story short, I got a DUI in Colorado while I was in college back in 2005 which was dismissed and dropped to a DWAI. I got a DUI last year in MA (I was charged with a first offense). No injuries or property damage or anything like that occurred in both instances. My DWAI in Colorado was automatically considered a DUI when it was transferred over to MA.
I'm not sure why I was denied. I meet all of the OUI Hardship criteria that the Mass RMV requires:
-I haven't operated a motor vehicle since my suspension began
-The minimum amount of time has been served for hardship consideration
-Provided proof of 24D completion (ordered by the court to do this program)
-Provided letter from the courthouse stating that my probation has been completed
-Provided letter from employer showing the need for a hardship license
-Showed proof that public transportation cannot get me to where my job is located
-I have the Ignition Interlock Packet signed and completed
My only choice now is to go through the Superior Court to appeal the Boards decision. I should include that I represented myself both times I went up in front of the Board. Not sure if that had any influence on their decision. How do I go about appealing through the Superior Court? Should I get a lawyer? Can anyone provide feedback in regards to the Superior Court overturning the Boards decision (how infrequently/frequently does this happen, etc)?
Any help/feedback would be greatly appreciated, thank you.