Massachusetts RMV Hearing Attorneys
Driving in Massachusetts is a privilege authorized by the Massachusetts Registry of Motor Vehicles (RMV). That privilege shouldn't be taken for granted, as the RMV can temporarily suspend or permanently revoke your driving privileges. The most common way to lose your license is by:
- Operating under the influence (OUI)
- Being convicted of a motor vehicle traffic violation such as driving on a suspended license, motor vehicle homicide, or negligent operation
- Violating the fake ID law
- Violating drug laws: The RMV has the authority to take away your driving privileges and Massachusetts driver's license if you are convicted on a drug offense.
What Happens at the Massachusetts RMV
If you have been arrested or face criminal charges, once your driver's license is taken away you are still entitled to an in person RMV Hearing to contest the suspension. Don't let an RMV employee try to convince you to schedule a telephone hearing. You are better off hiring an attorney. You are up against numerous technical issues and usually presented with a limited set of options where a lawyer may have some sway.
RMV hearings are very technical, and you have slim chances of winning without legal help. The Registry of Motor Vehicles does not care if you need to drive to get to work or to school, but the attorneys at the Massachusetts Criminal Defense Group do.
How to Get a Massachusetts Hardship License
Notwithstanding having lost your license, you may still apply for a Hardship License through the 24D program. These licenses are not automatically granted. The RMV considers it "extraordinary relief," and you must present a convincing case in order to get one, such as having no access to the MBTA or any other public transportation. If you have no way of getting to work or medical appointments, the Hearing Officer must balance your own need to drive against the public safety risk that you pose to the general public.
The Registry will require you to provide a letter from your employer, on letterhead, which cannot be more than 30 days old. If you are self-employed, there are separate requirements. The letter must state why you need a Hardship License and what your work hours are.
Ignition Interlock Devices
After Melanie's Law went into effect in 2005, the requirement became that, should you be granted a Hardship License, or upon reinstatement of your driver's license, an Ignition Interlock Device (IID) must be installed on each vehicle that you own, lease, or operate. This is a mechanism, like a breathalyzer, installed to a motor vehicle's dashboard. Before the motor can be started, the driver must first exhale into the device. If the resulting breath-alcohol concentration analyzed is greater than the allowed limit, the device prevents the engine from being started.
As if getting arrested for a Massachusetts OUI weren't enough, you can – once again – lose your driving privileges for IID offenses such as missing a rolling re-test, failing a rolling re-test with a BAC between a .02 and .05, missing a monthly service appointment, tampering with the IID, removing the IID without authorization, or by operating a vehicle not equipped with an IID.
Defending Our Clients at RMV Hearings
Our RMV Hearing Attorneys will represent you at your RMV Hearing and help you restore your driving privileges. Many people are confused by the process — it can be difficult to understand, and when you add the element of the RMV's unfettered discretion, it can make it a living nightmare!
Contact Us for a Free Consultation
When we assist clients at the RMV, life gets easier. We know the officers, and our reputation works to the advantage of many of our clients. For a no-obligation consultation relating to your RMV needs, call us at (800) 461-6900 or contact us online.
