RMV Board of Appeal Hearings

The Massachusetts Registry of Motor Vehicles (or RMV) can be difficult to work with, at best. This is especially true if your driver’s license is revoked, suspended, or at risk of being suspended.

It’s important to know that you absolutely have the right to appeal any decision made by the RMV regarding your license. Citizens can do so by scheduling and attending the Massachusetts RMV Board of Appeal Hearings.

If your license is suspended, hiring a knowledgeable MA criminal defense attorney like Courtney K. Fogarty can make all the difference. Her experience with successfully advocating for clients at these hearings means she’ll argue effectively and aggressively on your behalf.

What to Expect

During any Massachusetts RMV Board of Appeal hearings, you and your lawyer will make your case before the Board of Appeal. This includes one representative from the Attorney General’s office, one from the RMV, and one from the Commissioner of Insurance.

Making your case includes presenting as much relevant documentation and evidence as possible. When you work with an expert criminal defense attorney like Courtney K. Fogarty, you’ll work together to build your defense.

The RMV representative will read your driving record for entry into the record of the hearing. All of your driving history will be scrutinized. They’ll confirm the status of your license which you’re appealing, and confirm the RMV’s reasoning behind your current status.

This is the point where you’re allowed to make an argument, or your lawyer. If you’ve hired Courtney to represent you, she’ll go through everything you two prepared and argue for your desired outcome. The Board is allowed to ask you questions directly. Without a lawyer by your side, it can be difficult to know exactly how to answer.

After everything has been reviewed, the hearing will end. You won’t receive the Board’s decision at this point in time.

After the Hearing

After your hearing, you’ll receive the Board of Appeal’s decision within 1-2 weeks. They may choose to uphold the suspension, modify the suspension, or completely reverse it.

If your suspension is completely reversed, you can’t just hop in your car right away. First you have to take your decision letter to a hearing’s officer, who will then officially reinstate your license. Until you take this step, your license is still technically suspended and you’re at risk of being charged with Operation of a Motor Vehicle with a Suspended License.

If you’re hit with this charge, the consequences can be far more impactful than just another license suspension. The RMV, Superior Court, District Court, and the Board of Appeal tend to be especially harsh on people with this charge on their record.

Essentially, this charge can severely increase the odds of you being sentenced to huge fines and even a mandatory prison sentence. It’s absolutely crucial to take your decision letter to a hearing’s officer.

If the Board of Appeal makes a decision you don’t agree with, you may appeal it before the Superior Court. But when you hire a lawyer to represent you at the Board of Appeal hearing, it’s highly unlikely that you’ll need to take this step.

Why Hire A Lawyer?

You can choose to represent yourself during Massachusetts RMV Board of Appeal hearings, but this is usually a mistake. It’s normal to be emotional about your suspension and the potential consequences. Disbelief, anger, fear, and anxiety are just some of things you may experience.

Your emotionally charged state can make it difficult to make your case in a rational and effective way. When you’re represented by a focused and talented criminal defense attorney like Courtney K. Fogarty, you stand a much better chance of winning your appeal.

She’ll work with you to build a thorough and well-documented defense, which she’ll use to argue fervently on your behalf. Courtney will also prepare you for any questions you may have to answer during the hearing.

FAQs

What is a Massachusetts Hardship License?

A Massachusetts hardship license is a severely restricted driver’s license which gives you the ability to drive for a specific 12 hour period, every day of the week.

Being granted a hardship license requires that you provide extremely specific documentation. This documentation must show that you’d endure a major “hardship” in daily life without this very limited license.

What is the Process to Appeal a Suspension from the RMV in Massachusetts?

To appeal a suspension from the RMV in Massachusetts, you have to file an appeal form, pay a $50 processing fee, and appear before the Board of Appeals for your scheduled hearing. Your hearing may be in-person or virtual, and your attendance is mandatory either way.

How Do You Schedule a Hearing in Massachusetts RMV?

To schedule a hearing with the Massachusetts RMV, you have to attend your initial suspension hearing with the RMV and then submit a form to the Board of Appeals.

When you fill out the form, you’ll be required to check a box for the type of suspension you’re appealing. The amount of time you have to wait until your appeal hearing depends on the length of your suspension:

• For a 30 day suspension, your hearing will happen approximately 2 weeks after filing
• For a 60 day suspension, your hearing will happen approximately 3-4 weeks after filing
• For a 4-8 year suspension, your hearing will happen approximately 14-24 weeks after filing
• For any other type of suspension, your hearing will happen approximately 24 to 52 weeks after filing

When it comes to Massachusetts RMV Board of Appeal Hearings, you should always attend with a skilled and successful criminal defense attorney like Courtney. She frequently works with officers of these hearings, and has built a positive rapport with many of them.

A license suspension can be disastrous for your life, even if it lasts for only 30 days. It’s far too common for people to gather all necessary documentation themselves, just to be told it’s insufficient or to have your request flat-out denied.

Don’t leave your livelihood and well-being to chance. If you have an upcoming hearing, call (508) 317-0339 to book your hour-long case evaluation with Courtney, free of charge.