BOARD OF APPEAL HEARINGS:

WHAT TO EXPECT

• The Board of Appeal of the Division of Insurance hears cases regarding DUI revocations, hardship licenses, license reinstatements, suspensions, revocations ignition interlock devices, Juvenile Operator License (JOL) Violations, habitual traffic offender revocations, immediate threat suspensions, and drug violations. The Board has the legal authority to override modify or reverse virtually any decision of the Registry of Motor Vehicles.  You must file a written request to obtain a hearing before the Board of Appeal. Appearing before the Board can be confusing, frustrating, and very intimidating, especially for those who are not represented by an attorney. Given the complexities of Massachusetts laws regarding license suspensions / revocations, hardship licenses, and ignition interlock devices, and operating under the influence of liquor. Representation by a skilled attorney familiar with the Mass. Registry and Board of Appeal can make the difference between winning and losing.  It is absolutely critical to be well-prepared for your Board of Appeal Hearing. You will have a very limited opportunity to present your case and you must present certain key evidence in order to win.

• At the beginning of your Board of Appeal Hearing, a representative of the RMV will summarize your driving record to the board members, who may also have a copy of your criminal record. You must be adequately prepared to address the contents of both your criminal and driving records. You will then be given an opportunity to present your case. To win, you must have a concise argument which addresses certain key issues. Prior to the conclusion of your hearing, you will be allowed to submit documents and other evidence for the board's consideration. After your hearing, the board members will vote on whether to affirm, modify, or reverse the Registry's decision. The Board of Appeal may reverse the license suspension or revocation, shorten its duration, uphold the suspension/revocation, or order the Registry to issue a Massachusetts Hardship License. You will receive the board's decision by mail. If you do not get the requested relief, you have the right to appeal the decision to Superior Court. You must file your appeal within 30 days of receipt of the board's decision. If the Board of Appeal orders the Registry to reinstate your license, you must bring the board's written decision to the Registry to get your license reinstated.

• Board members may ask questions regarding your driving and/or criminal record, alcohol treatment (if applicable), necessity for a license, work & family situation etc... It is imperative to have answers for these questions. Our lawyers will prepare you for these questions before your hearing.

• If the Board of Appeal decides not to grant a hardship license or license reinstatement, the decision may advise you to re-apply on or after a certain date. The Board does this when it believes that your case has merit but you have not served enough time on your license revocation / suspension.

• Some people try to represent themselves before the Registry and Board of Appeal. This can be a big mistake. Without knowledge of the applicable rules, procedures, laws, and key issues of a case, a client trying to represent himself or herself could take an otherwise "winning" case and not prevail. Contact an attorney today regarding your Massachusetts License Suspension / Reinstatement case. Learn more about the Board of Appeal on our new RMV Lawyers Website.

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The information contained on this site is offered for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking professional counsel.