Drivers all across the Commonwealth receive license suspension letters everyday. Some matters can be resolved quickly at the Registry of Motor Vehicles, while other cases go to the Division of Insurance Board of Appeals. The Board of Appeals is an administrative hearing board that has legal authority to overturn or modify any decision issued by the Registrar of Massachusetts. This means they can tell the Registry to reinstate your suspended license.
1. About the Board
The Board of Appeals process is a formal scheduled hearing. There are no walk-in hearings before the Board. The Board at any hearing will consist of three or four individuals. The Attorney Generals Office is represented by up to two designees, the Division of Insurance has one seat and serves as the chairperson and the Registrar of Motor Vehicles has one designee. Also present at any hearing is a Registry of Motor Vehicles Attorney/Representative. It is the role of the Attorney/Representative to present your record and any case in support of the Registry's position.
2. Getting Before the Board
As mentioned above, the Board does not take walk-in hearings. To get before the Board Attorney Gilman will file a formal application and appearance. There is also a $50.00 filing fee required to be paid with the application. Once the application package is submitted, it can take several weeks or months for the hearing to be scheduled. The longer your license is suspended the longer the wait time is to get before the Board.
3. The Hearing
Every hearing starts the same way and all are open to the public. The Board will ask you to introduce yourself and spell your last name. Afterwhich, all the Board Members and the Registrars Attorney/Representative will introduce themselve. After everyone has introduced themselves the Board will ask the Registrars Attorney/Representative to present your record and the Registry's position against you. The Registrars Attorney will give to the Board your drivers history, criminal history and any out of state driving issues. If there are any criminal charges associated with the license suspension the Attorney will often provide the Board with copies of all relevant police reports.
After the Registrars Attorney/Representative has presented their case, you will you have an opportunity to present your case. Every client that goes to the Board with Attorney Gilman will have an individualized memorandum supporting their case with supporting documentation. Moreover, prior to every hearing, Attorney Gilman will have conducted either a telephone conference or inperson conference to prepare his clients as to what they can expect to be asked. It is Attorney Gilman's goal that their be no surprises for his clients.
4. The Decision
After the hearing is concluded, you will not know the decision of the Board. The Board will vote in private at the conclusion of all the hearings whether to grant any relief or not. The decision can take anywhere from 7 to 15 or even more days to be received and processed.
If your license is or will be suspended you need a lawyer in your corner who understands not only how the license suspension process works but how to get you the best relief possible. Attorney Gilman has successfully represented hundreds of clients from all across the United States at the Board of Appeals. Contact Attorney Gilman today for a Free Case Evaluation.