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  1. #1
    Join Date
    Aug 2009

    Default Denied Hardship License After Second Meeting With Board of Appeals

    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.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Denied Hardship License After Second Meeting With Board of Appeals

    I would suggest retaining a lawyer for an appeal to a regular trial court, both to make sure that proper procedures are followed and for the benefit of having an experienced set of eyes review the details of your case and perhaps determine what has gone wrong up to this point. A lawyer who has reviewed your case will also be in the position to asses your odds of success.

    It is very difficult to overturn a hardship license denial issued by the Board of Appeal.

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