What Powers does The Massachusetts Board of Appeals Have?

You may think that if your appeal for a hardship license was denied by the RMV, you are simply going to have to take public transportation for a while. However, you may be able to appeal your case to a higher authority. The Massachusetts Board of Appeals has the power to override the decisions of the RMV Appeals Board. They have the power to overrule the RMV’s general guidelines for such things as hardship licenses, revocations, and IID requirements.

 

If a person has multiple offenses for drunk driving, The Board has the ability to override the registry’s decision. The Massachusetts Board of Appeals can even override a seven surchargeable event suspension. This sixty-day suspension is given automatically when a driver has seven accidents or moving violations.   

 

The board is considered an independent agency and hence, does not have to comply with the RMV’s standards. The three-member board can override any suspension other than a suspension for refusal to take a breathalyzer test. 

 

How to Go Before The Board of Appeals

 

As you can imagine, there are many drivers who want to go before this board. Losing a driver’s license can cause loss of income and emotional stress for a driver. If a person has family members with mobility issues to take care of, it can cause them a great deal of inconvenience and extra expense. Nevertheless, there are certain circumstances under which the RMV will never issue you a hardship license. 

 

If you have already filed for an appeal with the RMV and they have turned you down, you can file an appeal with the state board. You and your lawyer will file paperwork and you will pay a $50 fee. You must appear before the board in person.  You will have to wait a while in order to go in front of the board and your license will remain in suspension during this period.

 

The board works out of various locations. The board includes a representative of the state Attorney General’s office, a representative from the Commission of Insurance and a representative from the Registry of Motor Vehicles. 

 

Although they have the power to override RMV suspensions, the Board of Appeals will have to be convinced that your situation is so dire that you must be allowed to drive. Professional representation is imperative in this situation. Not only will they require documentation of your hardship, but they will also want to hear a well-presented argument as to why you should get your license back.

 

A trained attorney will have years of experience in dealing with traffic law. They will understand what type of suspension each kind of offense is supposed to carry. They will know if your initial period of suspension was fair in the first place and they will be able to advocate for you if it was not. The Massachusetts RMV has been wrought with problems over the last several years and attorneys have been able to get certain charges dismissed due to technicalities. 

 

Even if someone has a bad driving record, there are some situations in which a person has to drive. A traffic attorney with a great reputation and experience with an appeals board can help. Visit our website today.

 

Authoritative Sources:

https://www.masslive.com/politics/2019/08/mass-rmv-scandal-auditors-report-reveals-5-major-problems-with-how-state-was-handling-violations.html

 

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