What Should I Do If My Hardship License is Denied?

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If you have been convicted of an OUI, or otherwise reached an agreement with the courts that resulted in a license suspension, you may be able to apply for a hardship license in order to ensure that you are able to use a vehicle in order to avoid any serious hardships relating to your education, your work requirements, or any serious medical requirements that you need a vehicle in order to attend to. This license is also referred to as a "Cinderella License," because it is only valid between certain hours and certain days depending on your needs. In order to be approved for this type of driving privilege during your OUI license suspension, there is a multitude of steps that you will need to take. 

Click here for more information about what to expect for the overall application process, and how you can plan to maximize your chances of a successful outcome with the help of an experienced legal professional. Just because this option is available for you during your OUI license suspension does not mean that you are guaranteed or entitled to it, and you will need to go through a hearing with the RMV, in addition to a variety of other steps, before being able to take advantage of this privilege. 

The most important step is to have your request for a temporary, restricted license approved by the RMV Board, which is something that you and your lawyer will be able to work on to maximize your chances of a successful outcome. Unfortunately, even a seeming "home run" could be denied by the board, and you will then need to consider your Plan B.

Steps After a Denied Hardship License Application

The most important thing to do after your hardship license request is denied is to stay calm. This is not an uncommon outcome for the RMV hearing, but it does not mean that you have no additional options. Your denial will have a reason, and if you plan to appeal this decision then you will need to clearly explain why the reason for denial is misguided or deserves reconsideration.

Work With an Attorney

If you decided to approach the hearing without the help of an attorney, then you need to begin working with one immediately to prepare for your appeal. Even in a situation where it seems like your hardship license application is certain to be approved, there are a variety of factors that the board will consider while making their decision that can all impact the final decision. Your lawyer will be able to review the ruling and determine how to adjust your argument.

Submit Your Appeal

You will need to act swiftly in order to file an appeal with the Board of Appeals on Motor Vehicle Liability, Policies, and Bonds. You have 10 days to file this appeal, after which time the initial decision will be permanent and leave you with little flexibility for alternatives. At the same time, you will need to pay a $50 filing fee for the appeal.

Once your appeal is registered, you will need to arrive in person for the hearing of the appeal, where you will be able to address any factors that you believe were missed during your initial hearing. There are a variety of reasons for a denial that can be either directly related to your arrest such as a refusal to submit to a chemical test, could be tied into issues of child support payments, or other issues. Regardless, you and your attorney will need to plan your approach for this appeal.