Massachusetts Hardship License FAQ
As a widely recognized authority on how to get a hardship license in
Massachusetts, I get the same questions everyday about how the system works. I
decided to put this page together to answer many of those questions. If you've
got a question that isn't answered here, definitely give me a call at
(781)380-7730 and I'll be happy to answer your questions.
Attorney Russell Matson has been interviewed and quoted in local
newspapers and television, such as
Channel 5 in Boston as an authority on how to get a hardship license in the
state of Massachusetts.
They are all different names for the
same thing. It is a hardship license to allow you to work.
Cinderella license is a whimsical reference to the time restriction.
You
cannot get a hardship license while your case is pending, only after it is
settled. That's why if you know you are going to accept a guilty
plea, it makes
sense to do so as soon as possible. If I am there at the arraignment, I can
sometimes work out a deal on the spot, without having to get an extra court date
for a pretrial. If you already have a pre-trial date, what I do for my clients in
these cases is to move up the pre-trial court date as quickly as possible. The courts will usually allow this with a
day's notice.
Once your plea is entered, it takes at least a few
days for the information to get to the Registry in time for a
hearing. I typically schedule the
hardship license Registry hearing about a week after the plea. If you are
planning to plead out, and are eligible for a hardship license, I'll do
everything I can to get you back on the road as quickly as possible.
No. Massachusetts does not allow someone to get a hardship license
while you are fighting a case. They only give out hardship licenses after a case
is over and the person has been found guilty (or continued without a finding).
Unfortunately, this is probably the number one reason why people decide to
plead guilty, even when they have a case that could
very likely be won.
It is dependent on your documented work hours. It can be any consecutive 12 hour period, such as 7am - 7pm, or
if you work nights you could chose 4pm - 4am. The same period applies for every
day of the week. A hardship license is valid 7 days a week.
No, any
Mass Operating Under the Influence (OUI) charge is allowed, such as Operating
under the Influence of Drugs, but also in cases of Habitual Traffic Offenders,
or other criminal traffic or registry offenses, you should be eligible for a
hardship licene.
Yes, it's possible, but the details are much more complicated. The requirements
can be trickery to comply with, and it generally takes a year after the second
offense conviction to become eligible. Call me for a
free consultation and I can advise you of the issues that relate to your
specific situation.
Registry hearings are held
on a walk-basis from 9:00 A.M. to 4:30 PM Monday through Friday (except
holidays) at the following Registry locations: Boston,
Brockton, Lawrence,
Springfield, and Worcester.
I personally prefer to go to the Boston office, since they are the final
authority, and I know most of the hearings officers there, so things tend to go
very smoothly.
The Registry will charge
you $300 for the hearing and license reinstatement after a first offense OUI
($500 for a second offense, and $1000 after a 3rd offense conviction). This sounds like a lot, and
it is, but they'll charge you the $300 to reinstate your license after your
suspension is up anyway, so you can't beat the fee by waiting it out.
The documents you need
include:
- Proof that you are complying with the terms of your plea in the case of
an OUI, which means you need to prove that you've entered a state alcohol
education program;
- Also you need
to show proof of employment to document the need of a hardship license. You'll
need a letter from your employer on your company's letterhead indicating that
you need to be able to drive to get to work or do your job. If you are self-employed, you'll need to be able
to document that with a copy of your business registration or incorporation.
Yes, it will. If Massachusetts has been
notified of the suspension, you'll have the same suspension period, and
restrictions for getting a hardship license in Massachusetts if the incident had
happened here. The Mass RMV will treat your out of state DUI/DWI the same as if
it happened here for drivers license purposes.
You need a letter from your employer, on company
letterhead, that says:
- You are an employee there, and need a license to drive to work, since
there is no adequate public transportation, and/or that you need the license
to work there in the regular performance of your job responsibilities;
- The letter must state your (typical) work hours.
That absolutely depends on the other state's RMV, and has nothing to do with
Massachusetts. You may need to consult with an attorney in your state to get
help. For example, In VA, there is a
Virginia
Restricted License. In WA, there is a
ORL. Some
states like New Jersey
don't allow
hardship licenses.
I'll be happy to talk with you about your
case specifically, and let you know if I think you are eligible for a hardship
license from the MA registry.
If you hire me to represent you in an OUI/DUI case,
I will be there to work through the hardship license process with you. Call me to discuss the details of your case. You have
nothing to lose by calling - the least I'll give you is some free advice
from someone who handles these cases all the time. Call me now.
- Russell Matson, Massachusetts Attorney at Law
(781)380-7730
Call Russell Matson's cell phone to talk to a drunk driving / DUI / OUI attorney anytime at (781)380-7730.
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