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Hardship license

I was sentenced to 2nd ofenders program by the court when it got to the dmv they said it was my third,I've done five years of my 10 year sentence of no license, yesterday I went for a hearing and was told that because I did not go to jail for 90 days and did not have the in jail rehab class that I can never be eligable for a hardship license. The Judge at the time of my conviction handed me a 2nd offense and sentenced me to 2 weeks at the Tewksbury 2nd offenders program and the follow up aftercare program of 26 weeks. Is this something anyone has delt with

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Submitted Tue, 01/25/2011 - 14:18

The requirement to complete a ninety (90) day in-patient program as a
prerequisite to obtaining a hardship license is a Registry requirement. The Board
of Appeal
has the legal authority to, after a hearing, order the Registry to
grant hardship relief without the 90 day program and I have obtained hardship
licenses from the Board in these cases. You should have a discharge summary from
the 26 weeks of aftercare with a favorable recidivism classification. Also,
you'll be ignition interlock restricted during the entire term of any hardship
license and for 2 years after getting a full license. There are no exceptions to
this requirement.

Submitted Tue, 01/25/2011 - 14:27

The registry is a lot tougher when dealing with prior convictions than the trial courts. The RMV takes into account your entire driver's history when determining your eligibility for a hardship license. Depending on your record, you may be eligible for a hardship license in as little as two years after a third conviction for OUI, however, that time frame may be extended if you have refused a breathalyzer, have a poor driving record, prior criminal convictions or other negative entries on your record. You should take a copy of your drivers history together with your criminal history to an attorney for a consultation to see if you are eligible for a hardship license or if you can appeal the decision of the hearing officer.
Attorney Kevin Gaughen, Jr.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

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