Northampton, MA

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Hardship License Won For 4th Offense OUI

Posted on : March 20, 2015, By:  Tom Kokonowski, Esq.

A 4th offense OUI conviction calls for a 10 year license suspension.

I recently represented a client who was convicted of her 4th offense OUI, and who had gone through approximately 7 years of that suspension.  Because she was more than halfway through the suspension, she was actually eligible to get a “hardship” license.

It is the client’s responsibility to create a situation for her lawyer to be able to present the two things the RMV is looking for when deciding whether or not to give a hardship license–rehabilitation and hardship. It is the lawyer’s responsibility to put it all together and present the information in a convincing way…not easy.

We first went to the RMV in Springfield and were denied, outright. That is normal. We then appealed that decision to the Board of Appeals and Bonds in Boston.

My client and I compiled all of the documentation of rehabilitation (including but not limited to jail time) and evidence of hardship. At the hearing before the Board (three angry lawyers), we made our case. They decided to amend the RMV denial by giving my client a license for 12 hours per day, as long as she has a breathalyzer installed in her car.

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