Massachusetts Board of Appeals Case Results

03-04-2023: Immediate Threat Medical Suspension Terminated.

03-04-2023: Hardship license grated Second Offense OUI.

03-03-2023: Immediate threat suspension terminated after Board argument.

05-22-2020: One year license loss-Hardship Granted- Client’s license was suspended for one year as a result of a NH reckless driving conviction. The RMV mistakenly entered the charge twice on his driving record, which resulted in a 60-day suspension on top of the one year suspension.

05-22-2020: 60 day out of state reckless operation suspension deemed served- License Reinstated- Client received notice that the registry suspended his license for 60 days as a result of a reckless operation charge from 2017. The RMV would not reinstate, even though the charge occurred three years ago. DelSignore Law appealed to the Board of appeals asking that they matter be heard on the papers without a hearing and that the suspension be backdated and deemed served. The Board granted the client’s appeal and his license was reinstated.

04-30-2020: 60-day suspension deemed served- License Reinstated- Client received notice from the RMV that his license would be suspended for 60 days as a result of an out of state negligent operation charge that occurred in January. Client received this notice months later in the middle of the coronavirus, when the Board was not holding hearings. DelSignore Law was able to appeal the suspension to the Board and argued that the suspension should be backdated to the date of conviction in January. The Board of Appeals agreed to act on the appeal administratively, without a hearing, and the client’s license was reinstated.

04-23-2020: One Year Fraudulent License Overturned License Reinstated- Client received notice that her license would be suspended for one year in MA after a fake id conviction in New York.

03-11-2020: IMMEDIATE THREAT EXPIRED FULL LICENSE RESTORED – Client was pulled over by police for speeding. When police approached the vehicle, they smelled burnt marijuana. The police indicated that they observed the client smoking something and that he admitted to smoking marijuana. During a search of the vehicle marijuana was found inside the vehicle. As a result of the stop the client’s license was suspended indefinitely upon a finding that he posed an immediate threat. The Board expired the immediate threat suspension and the client was able to get his full license back.

02-20-2020: IMMEDIATE THREAT EXPIRED FULL LICENSE RESTORED- Client was involved in a serious one car accident. When police arrived, they observed indications that led them to believe the client was under the influence of alcohol. As a result of the accident the client’s license was suspended indefinitely as the registry determined that his continued driving posed an immediate threat to public safety. After hearing the Board returned the client’s full license.

02-07-2020: FRADULENT LICENSE SUSPENSION-OVERTURNED FULL LICENSE RESTORED- Client was not a citizen and was found to have used another person’s license. As a result, client’s right to operate was suspended. Client gained citizenship and was able to prove his identity to the Special Investigations Unit at the RMV, however a six-month suspension was put into effect. The client still had four months to serve on the six-month suspension however after argument the Board ordered that the client be issued a full license.

01-24-2020: 1979 OUI SUSPENSION BACKDATED AND DEEMED SERVED- Client went to RMV to renew his license and was found to have a 1979 OUI conviction that had not been entered on his record. The RMV entered the old OUI and suspended the client’s license for one year.

9-24-2019: License Reinstated at Board of Appeals - Client's license was suspended for three years after an OUI second breath test refusal. Attorney DelSignore represented the client at trial and she was found not guilty. The court recommended that the client's license be reinstated however the RMV would not honor the judge's order.

9-19-2019: License Reinstated after Immediate threat suspension- Client was involved in a motor vehicle accident. When police arrived the client admitted to smoking marijuana earlier in the day and drug paraphernalia was seized from the vehicle. Client's license was restored after Board hearing.

8-15-2019: License Reinstated after Immediate Threat Suspension- Client was found sleeping in his vehicle. When officers arrived he was not responsive. He was ultimately transferred to the hospital where he registered a high blood alcohol level. Police filed an immediate threat with the RMV and the client's license was suspended indefinitely. After hearing the client's license was reinstated.

7-30-2019: Client granted hardship on Negligent Operation suspension - Client had been found guilty of a negligent operation charge after being involved in a motor accident. The RMV would not grant the client a hardship on this offense.

7-30-2019: License Reinstated after Immediate Threat - Client was pulled over after police observed her driving erratically. Once pulled over police mad observations that led them to believe client was under the influence of drugs. Client was ultimately charged with OUI drugs and negligent operation. Additionally police filed an immediate threat suspension and client's license was suspended indefinitely. After hearing the client's license was reinstated.

6-19-18: License Reinstated After Immediate Threat Suspension – The client was observed driving erratically and was involved in a motor vehicle accident. When the police arrived, the client admitted to consuming drugs. He was ultimately charged with operating under the influence of drugs and negligent operation in the Barnstable District Court. After learning of the charges the RMV determined that he was an immediate threat and suspended his license indefinitely. The RMV would still not reinstate the client’s license due to his poor driving history. The Board reinstated the client’s license with no restrictions.

6-19-18: License restored without restriction for out of state OUI- Client received a notice from the RMV that his license was suspended for one year for a 1988 conviction for OUI in RI. The client went to the RMV and asked that they overturn the conviction due to the age of the offense. The RMV refused to overturn the suspension and stated that the client would not be eligible for a hardship unless he installed the interlock device. The Board reinstated his license without restriction.

6-13-18: License Reinstated After Immediate Threat Suspension- Client was observed “passed out” in her car in the roadway. When the police arrived, she admitted to consuming alcohol and alcohol was found inside her car. She was ultimately charged with Operating under the influence of Alcohol in the Brighton Court. As a result of her charges the RMV determined she was an immediate threat and suspended her license indefinitely. The Board overturned the client’s immediate threat suspension.

6-13-18: License Reinstated After Immediate Threat Suspension- Client was observed driving erratically and collided with the guardrail. Police arrived and the client admitted to consuming alcohol. He was ultimately charged with Operating under the Influence of Alcohol, Negligent Operation and Leaving the Scene of Property Damage. As a result of the incident the RMV determined that his operation of a motor vehicle posed a risk to public safety and suspended his license indefinitely. The Board overturned the immediate threat suspension.

6-7-18: License Reinstated after immediate threat suspension for OUI child endangerment While case is Pending in the District Court- Client was involved in a motor vehicle accident. Police arrived and spoke with witnesses who stated they observed the accident and that the client appeared to be “drunk”. After a brief discussion the client was sent to the hospital. She was later charged with operating under the influence and child endangerment while operating under the influence of alcohol in the Wrentham District Court. As a result of the charges and the officer’s observations the RMV determined that the client’s continued operation of a car would pose an immediate threat and her license was suspended indefinitely. The RMV would not consider reinstating her license until she had disposed of the case in court. The Board agreed and issued her a license with the interlock device.

5-30-18: Immediate Threat License Suspension Overturned- Hardship Granted- Client was involved in a motor vehicle accident. When police arrived, the client was belligerent and admitted to consuming alcohol. She was subsequently charged with operating under the influence and negligent operation in the Wrentham District Court. As a result of the incident the RMV determined that she posed an immediate threat and her license was suspended indefinitely. The client chose to resolve her case so that she could get a hardship license to get to work. The Board overturned the immediate threat suspension and the client was granted a hardship license.

5-16-18: Immediate Threat Suspension Overturned- License Reinstated While Case Pending- Client was involved in a one car accident. It was alleged that he drove off the road and hit a rock. When police arrived, they were unable to locate the client. When they did make contact with the client officers alleged that they observed signs that led them to believe that the client was drunk. He was ultimately charged with operating under the influence of alcohol, negligent operation, and leaving the scene of property damage in the Wrentham District Court. As a result of the incident the RMV determined that he was an immediate threat and suspended his license indefinitely. The RMV stated their position was that they would not even consider the matter until he resolved his case in court. The Board overturned the immediate threat and reinstated the client’s license with the interlock device.

2-23-18: License reinstated after immediate threat suspension. – Client’s license was suspended indefinitely after he was involved in a motor vehicle crash and was subsequently charged with operating under the influence of alcohol. Client’s license was reinstated with no restrictions.

2-13-18: Hardship license granted—Client was arrested and charged with operating under the influence of alcohol and negligent operation after an officer observed the client driving the wrong way in a rotary. Client was found not guilty of the oui and guilty of the negligent operation and received a 60-day license loss. The RMV would not grant a hardship license. The Board granted client a hardship license.

12-28-17: License reinstated Immediate threat suspension- Clients license was suspended after colliding with two parked cars. Client was never arrested however police reported that they were concerned that client’s medical issues made it unsafe for her to operate a motor vehicle. License was restored without restrictions.

11-21-17: Immediate threat license suspension overturned—Client’s license was suspended indefinitely after police observed erratic driving and client admitted to consuming marijuana earlier in the day. Full license restored.

9-12-17: Second offense hardship allowed- Client had two convictions for OUI drugs and had been denied a hardship license at the RMV.

5-2-17: Immediate Threat Suspension Overturned – License Reinstated after Board Hearing- Client was pulled over by a Concord state trooper for erratic driving. When the trooper approached the car, he asked the client if she had taken any medications. After a series of field sobriety tests the trooper determined that the client was operating under the influence of drugs. Additionally, the trooper seized Nyquil from the client’s car. After receiving the report from the Concord State Police the Registry of Motor Vehicles suspended the client’s license indefinitely.

4-28-17: Immediate Threat License Suspension Overturned after Board of Appeals Hearing- Client was involved in a car accident. Police responded to the scene and smelled the odor of alcohol. They asked the defendant to perform some field sobriety tests which the police determined that he failed. The Registry refused to reinstate the client’s license and recommended that he complete an alcohol treatment program and remain without a license for another year.

1-24-17: Hardship granted for driver with lifetime license loss. The driver had his license revoked for life after being convicted of five operating under the influence charges and a driving after license suspension. The RMV told the driver that he was ineligible for a hardship license.

11-2016: Client’s license was suspended for one year for an out of state operating under the influence charge.

11-2016: Client’s license reinstated with interlock device. Client crashed into a police vehicle. Client was determined to be an immediate threat and her license was suspended indefinitely.

10-2016: Client’s one-year license loss overturned at Board of Appeals. Client’s license was suspended for one year after pleading guilty to operating after a suspension for OUI drugs. The client had a New Hampshire license which made him ineligible for a hardship license in Massachusetts. After completing a short driving course the defendant was granted a valid Massachusetts license.

10-2016: Client’s license was suspended indefinitely after being charged with OUI. Client was involved in an accident where her vehicle flipped after running a red light. Client’s license was suspended indefinitely after the RMV determined her to be an immediate threat. Client was told by the RMV that they would not reinstate her license until her case in court was resolved.