Appealing Your License Suspension
If your license is suspended after an OUI, there are still ways you may be able to restore your driving privileges. Even if the Registry of Motor Vehicles (RMV) is imposing a license suspension, you can appeal the RMV’s decision to the Board of Appeal (BOA). The BOA oversees the decisions of the RMV and can order the RMV to reinstate your license. Our attorneys represent clients regularly before the BOA, and we can give you guidance and advice to put you in the best possible position to reinstate your license.
The Board of Appeal
The BOA consists of attorneys who are appointed from the Attorney General’s Office and the Division of Insurance to hear appeals and requests for license reinstatement. The BOA has the authority to overturn the decisions of the RMV and issue orders to the RMV, including orders that your right to operate be restored. G.L. c. 90, §28; Registrar of Motor Veh.. v. Bd of Appeal on Motor Veh., 382 Mass. 580 (1981). Matters that are typically heard before the BOA include requests for license reinstatement for multiple OUI offenders, out-of-state OUI offenders, immediate threat suspensions, and habitual traffic offender suspensions.
Depending on your personal history, prior OUI convictions, and the reason that your license is suspended, the BOA may consider reinstating your license with particular conditions. In some instances you may be permitted to reinstate your license as a hardship license, which permits you to drive everyday for a specific 12 hour window. In other instances, the BOA may require you to install an interlock ignition device in your vehicle for a period of time. Some of these conditions are mandatory under the law, and others are at the discretion of the BOA. Having practiced extensively before the BOA, we can help you obtain your license with as few conditions as possible.
How to Appeal a Decision from the RMV
Once you are ready to challenge your suspension with an appeal to the BOA, you will first complete and mail appeal a ruling/decision of the RMV form. You will be required to pay the $50 appeal fee. The BOA will then send you a Notice of Hearing letter which will include the date, time and location of your hearing. Keep in mind that the scheduling of a hearing with the BOA may take a couple of months. You will be expected to appear in person for the hearing and you will be able to advocate for the return of your license.
If you wish to appeal your license suspension and wish to retain our firm for representation at a BOA hearing, our firm would appeal the decision on your behalf. Our firm will complete the application and schedule the hearing. With your assistance, our firm would prepare a memorandum with supporting letters and documentation to present to the BOA with your presence at your hearing. Our attorneys will vigorously advocate for the restoration of your license at the hearing and prepare you for any questions the BOA may ask of you at the hearing.
Lawyers Who Know the Board of Appeal
The Massachusetts DUI lawyers at The Law Offices of Joseph D. Bernard P.C.understand what it takes to successfully appeal a license suspension at the BOA level. We have incredible success advocating for clients at BOA hearings because we understand the expectations of the BOA and properly prepare our clients. If you are faced with a license suspension requiring an appeal, it is imperative that you speak to a lawyer who knows who to help you.
Contact The Law Offices of Joseph D. Bernard P.C. for a free case consultation!
Trained Breath Test Machine Operator
Attorney Joseph D. Bernard is the only lawyer in Massachusetts to have completed the breath test training conducted by the state police.
Certified Field Sobriety Test Administers
Our attorneys are certified administers of the field sobriety test by the National Highway Traffic Safety Administration.
Former Assistant District Attorney
We understand OUI cases from both sides of the fence and know exactly how to defend our clients.
Unique Certification & Expertise
Attorney Joseph Bernard is the only lawyer in Massachusetts to be certified by the internationally acclaimed Borkenstein drug and alcohol courses. Attorney Bernard is also the only lawyer in Massachusetts who is a member of the American Chemical Society.