BOARD OF APPEALS/RMV
G.L. c. 90 28 Authorizes the Board of Appeals 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 appeal from such ruling or decision to the board of appeals on motor vehicle liability policies and bonds created by section 8 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 on 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/or documents.
The Board of Appeals has broad power to modify or overturn license suspensions and order the Registry to issue drivers licenses. However, in order to succeed in a Board of Appeals case 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.
I find that one of the most important factors the Board considers, especially if it’s an alcohol or drug related suspension, is evidence of sobriety. More often that not, you better be aware of your sober date because that question is typically the first question that comes up. It is always preferable to have a sobriety plan in place at the time of your hearing. If you are in AA is a great help to have a sponsor or if you have a counselor or psychiatrist a letter can be invaluable. In each case the Board of Appeals thoroughly reviews the applicants driving history, criminal record, probation file and other pertinent documents. A very important consideration appears to be whether the applicant was caught driving after his or her license was suspended. If you have been to court following a suspension notice, you might as well save your $50 application fee as well as my fee.
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I have had tremendous success in the area of my practice and understand what needs to be done in order to increase your chances of obtaining a successful result. If you have questions, please contact me at my office at (508) 791-9001 or by cell phone at (508) 769-7995. You may also e-mail me Michael@criminaldefenseworcester.com or text me. I take great pride is a very quick response time and will promptly schedule a free initial consultation at your convenience. I have also begun to conduct quite a few meetings via FACETIME or SKYPE for those clients who are either out of state or have license issues.