Hi. I lost my Massachusetts license after being convicted as a repeat offender on a OUI and then I was denied a hardship license. I represented myself. Now I'm wondering about hiring an attorney for my appeal before the Board of Appeals to try to get the hardship license. I know you'll say hire an attorney but my thought is that since money is tight if I do it myself and loose before the Appeals Board I can still appeal the hardship license at Superior Court. At least that is what I've been told. So I thought at that point I would hire an attorney, if necessary. Does that strategy have any chance of succeeding?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Hardship license appeal
Bad idea. Recent appellate decisions in Massachusetts have established one clear fact: When considering whether to grant a hardship license, the Massachusetts Board of Appeals has a great deal of discretion and, except in unusual circumstances, the Board's decision should not be disturbed. For that reason, among others, wining an appeal at the Superior Court is a big challenge. The Superior Court is required to give deference to the Board of Appeal's experience and specialized knowledge. So, the Superior Court judges are not very likely to step in and substitute their judgment for that of the Board.
After you have lost your initial case and your license has been suspended, the best opportunity to turn the tide and get a hardship license is with the Board of Appeals. At that point, an experienced attorney can step in and put her experience and knowledge of the process to good use. You have a better chance of prevailing with an attorney. In my opinion, when you get to the point of appealing to the Superior Court, you are wasting your money, because, absent some glaring error on the part of the Board of Appeals, you will not win, even with an attorney's assistance. My suggestion: Find the money and hire an attorney. Good luck.