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REGISTRY OF MOTOR VEHICLE APPEALS
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FAQs
What types of suspension cases have you represented clients?
Though the list is far from complete, generally my experience includes:
• Suspension for OUI/Drugs
• Suspension for out-of-state OUI/DUI or DWI
• Suspension for Chemical Test Refusal
• Suspension for moving violations, i.e. speeding, surcharged accidents
• Junior Operator suspensions
• Revocation for Immediate threat for medical reasons
• Revocation for Immediate threat elderly driver
• Revocation for Immediate for operating recklessly.
My license is suspended can you help me get it back?
A driver can appeal a decision by the RMV to the Board of Appeals. My clients have had their license suspended by the RMV for a variety of reasons and I represent them at the Board. The Board sits in Boston, Plymouth, Marlboro and Springfield.
The Board is comprised of three members; a representative from the RMV, a representative from the Attorney Generals Office and the Chairman of the Board, who is a representative from the Insurance Commissioners Office. The Board is neutral and essentially acts as a judge as it hears evidence from both the RMV and the driver.
The hearings are structured but informal. All testimony is made under oath and is recorded. A representative from the RMV (a different person than the RMV representative who sits on the Board) is loosely referred to as the prosecutor. This person presents the case from the RMV’s perspective and always asks to the Board to find in its favor and to affirm the RMV’s actions. The prosecutor reads the driver history to the Board detailing all incidents and outlines the reasons for the suspension.
When the prosecutor finishes his recitation of the facts it is the driver’s turn to speak. If the driver has an experienced attorney, the attorney will present the case to the RMV in a precise logical fashion, outlining the driver’s situation. If the driver is not represented by an attorney the Board will ask about 12-15 questions of the driver.
I have been presenting cases to the Board of Appeals for the past decade. I have learned from this experience what facts are important. I have developed a format for presenting the case in fashion calculated to persuade the Board to render a favorable decision for the driver.
What questions does the Board ask?
The Board begins by asking basic background information; who are you, where do you live, with whom. Are you married, have children. They ask questions about your work and education.
After the Board knows a bit more about you they may ask questions regarding the incidents that caused the suspensions. If your license has been suspended for alcohol or drug offenses they will ask you about sobriety and abstinence.
Finally, they will inquire about the hardship.
When I represent a client at the Board, the Board very rarely asks questions because I provide the Board with all of the required information.
What are my chances?
The Board has three options once your case is heard: they can affirm the RMV’s action and deny your request for relief, they can modify the RMV’s action and grant you a hardship license, or they can overrule the RMV’s action and order the RMV to reinstate your right to drive.
Cases before the Board generally fall into one of two possible categories. The first type involves a suspension related to drugs or alcohol. In the second group neither drugs nor alcohol are a factor and the RMV has suspended the license for other reasons.
Though these are referred to as hardship hearings, a driver who is before the Board on a suspension involving drugs or alcohol would be wise to focus the Board’s attention on the drug/alcohol issue before spending anytime on the issue of hardship. The hardship is all but irrelevant if the Board finds that there is a strong probability that the driver will drink and drive.
Generally, a driver’s chances of obtaining relief before the Board increase as he serves more time under suspension. On drug/alcohol suspensions the Board won’t consider any relief until the driver has served at least half of the time of suspension.
A case not involving drugs or alcohol stands a better chance of success if an extreme hardship can be demonstrated. But once again a driver’s chances of obtaining relief before the Board increase as he serves more time under suspension. In the case of a Habitual Traffic Offender (HTO), the Board has the authority to grant a hardship license once the driver has served one year of the suspension.
What are your fees?
Generally, I represent drivers at three types of hearings: hearings at the local RMV, hearings before the Board, and hearings before the State Police at the Driver Control Unit (DCU). I charge between $500 and $2,000 for hearings before a local RMV hearings officer. I charge between $1,500 and $3,000 for hearings before the Board of Appeals. I charge $1,500 for cases at the DCU involving license fraud issues.
Brief telephone consultations are free especially if the driver has only a few questions. Office consultations for a more comprehensive analysis of a case can take anywhere from 1-3 hours. I charge between $100 and $250.
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|  | Michael F. Darche, Attorney at Law
Admitted: 1994, Massachusetts; 1997, U.S. District Court, District of Massachusetts
Law School: New England School of Law, J.D., 1993.
College: Massasoit Community College, A.S., 1984; Boston University, B.A., 1987.
Member: Massachusetts Bar Association.
Biography: Formerly: Police Officer; Assistant District Attorney, Plymouth County.
Military: 1St Sergeant, U.S. Marine Corps, Retired
Born: South Weymouth, Massachusetts, March 30, 1958.
ISLN: 913559138
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