Get A Massachusetts Hardship License

A hardship license, which is also known as a "Cinderella license

," allows a person whose right to drive has been suspended or revoked to be able to drive on a limited 12 hour basis, so that he can get to and from work, school, or medical appointments. Given the long license suspensions imposed by Melanies Law, these hardship license can be invaluable. In my law practice, I often receive questions regarding hot to obtain a Massachusetts Hardship License, so I thought that I would write this article to explain how the licensing process works.

In most cases, the hardship license process starts with a hearing at the Registry of Motor Vehicles. These hardship license hearings are conducted during normal business hours at full service Registry branches such as those located in Boston, Brockton, Worcester, and Springfield. You must fill out a hearing request form and wait, sometimes hours, for a RMV hearings officer to call you.

Once the hardship license hearing commences, the hearings officer will ask you for documentation such as proof of alcohol program completion, a letter from your employer which explains your hardship, and letter from your probation officer regarding your history and probation status. The Registry will also require documentation regarding the lack of availability of public transportation.

Next, the hearings officer will review your driving, criminal, and court records to determine whether you can be considered for a hardship license. If you have not served enough suspension time, if you have outstanding violations, open cases, multiple suspensions, or open cases, you will likely be denied a hardship license by the Registry and forced to take your case to the Board of Appeal.

If you are eligible for consideration for a hardship license, the hearings officer will question you regarding your history, DUI issues, alcohol use, substance abuse, employment situation, and need to drive. Only if the RMV hearings officer is completely satisfied with your answers and that granting you a hardship license will not compromise public safety will you be approved for a hardship license.

If you have two or more DUI convictions on your record, the Registry will likely require you to use an ignition interlock device while you are on a hardship license and for 2 years after getting a full license. Depending on the length of your suspension, you may also have to pass written and road tests.

If you are denied a hardship license, you will have the opportunity to appeal the denial to the Board of Appeal. The Board has the power to override the denial. However, it uses this power sparingly and you should not appear before the Board without a lawyer. Going before the Board without a strong case and qualified legal representation may result in a permanent denial which would disqualify you from hardship relief during the length of the suspension under appeal.

by: Attorney Brian E. Simoneau

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