G.L. c. 90 28 authorizes the Board of Appeal on Motor Vehicle Liability Policies and Bonds to reverse a Mass. Registry Hearing Officers decision. The law provides, in relevant part, as follows:
Any person aggrieved by a ruling or decision of the registrar may, within ten days thereafter, appeal from such ruling or decision to the board of appeal on motor vehicle liability policies and bonds created by section eight A of chapter twenty-six, which board may, after a hearing, order such ruling or decision to be affirmed, modified or annulled; but no such appeal shall operate to stay any ruling or decision of the registrar. In the administration of the laws and regulations relative to motor vehicles, the registrar, or any person by him authorized, may summon witnesses in behalf of the commonwealth and may administer oaths and take testimony. The board or the registrar may also cause depositions to be taken, and may order the production of books, papers, agreements and documents.
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Also, anyone aggrieved by a Finding and Order of the Board of Appeal may, within 30 days from the date of receipt of the Finding and Order of the Board, appeal therefrom to the Superior Court as provided in General Laws, C. 30A, 14.
The Board of Appeal has broad power to modify or overturn license suspensions and order the Registry to issue drivers licenses. However, in order to win at a
Board of Appeal hearing it is not enough to show that your license suspension has caused inconvenience or that you could make more money if you had a license. To succeed in front of the Board of Appeal, you must show a compelling hardship. "Indeed, if the need for transportation
qualified as a hardship requiring license reinstatement, the Board would have
to return a license to almost every appellant." Richardson v. Bd. of Appeal on
Motor Vehicle Liab. Policies & Bonds, 2005 Mass. Super. LEXIS 524.
In each case, the
Board of Appeal thoroughly reviews the applicants driving history, criminal record, probation file and other pertinent documents. An important consideration appears to be whether the applicant was caught driving after his or her license was suspended. Also, it is not uncommon for Board members to ask questions of the applicant regarding his or her driving record, family situation, substance abuse, alcohol use, alcohol counseling,
employment, criminal record, etc...
You are entitled to have an attorney represent you at every stage of the above-described hearings, both before the Massachusetts Registry of Motor Vehicles and the Board of Appeal. Legal representation can make the difference between winning and loosing.
Contact a RMV Appeal attorney to assist you with the preparation and presentation of your case. Our attorneys are familiar with the complex laws and regulations which govern Massachusetts hardship licenses.