What to do if your license is suspended in Massachusetts?
Contacting an experienced criminal defense attorney today may help you get your license back. Having your license suspended or revoked can have devastating effects. Most people rely on their ability to drive to get to work or to pick up their children. Without a license you have to rely on family, taxis or buses and some people don’t have access to these alternatives. If the RMV has suspended or revoked your license you may appeal that decision to the Board of Appeal. The process is often confusing and difficult to navigate. This report helps to explain reasons you may have lost your license and how to appeal your suspension or revocation and request a hardship license.
Under Massachusetts law a driver’s license can be suspended or revoked for a variety of a reasons including:
- 7 surchargable offenses within a three year period- 60 day loss
- Immediate threat - If the RMV determines that allowing you to continue driving poses an immediate threat to public safety, for either medical reasons or evidence of dangerous driving-license can be suspended immediately for an indefinite period of time
- Certain criminal offenses including operating under the influence, certain drugs charges-loss determined by charge
- Habitual traffic offender - three major moving violations or twelve minor moving violations within a period of five years. Major moving violations include operating a motor vehicle recklessly or negligently, leaving the scene of an accident, operating a motor vehicle with a suspended license or operating a motor vehicle without a license, and committing a felony with a motor vehicle. Minor moving violations include: speeding tickets, driving with an expired inspection sticker, or driving with an unregistered motor vehicle-4 year license loss
The first step to appealing the RMV’s decision or to apply for a hardship license is to appear before the RMV. If your license is suspended or revoked, you have the right to a hearing with a Hearings Officer at a RMV location that holds hearings. The hearing is somewhat informal and it will typically be held in an office. At your hearing, the RMV Hearings Officer will review your case, including your driving record and all applicable laws and regulations. You have the right to be represented by counsel at any RMV suspension / license reinstatement hearing.Hardship Licenses
In some instances you may be able to apply for a hardship license. A hardship license or Cinderella license allows you to drive for twelve hours. The RMV will consider a hardship license in the following offenses:
- Operating under the influence
- First offense alcohol or drug program
- Drug conviction
- Habitual traffic offender
To be eligible for a hardship license, you are required to present proof that you do not have access by public transportation to your required destination. You may also have to serve a certain period of the suspension/revocation prior to being able to apply for a hardship license.
If you are considering appealing a license suspension or revocation or if you plan on seeking a hardship license it is in your best interest to discuss your case with an experienced defense attorney. There are certain procedures and requirements that must be followed prior to and during the appeals process. Contact Attorney DelSignore with any license suspension or revocation questions.