Immediate Threat Indefinite Suspensions in Massachusetts

The Massachusetts Registry of Motor Vehicles is empowered to suspend the driver’s license or right to operate in Massachusetts of anyone who the Registry deems is an “immediate threat” to the motoring public. MassDOT can legally impose these immediate threat suspensions in some cases without grating the driver a hearing prior to the suspension. In these situations, you have a right to a hearing at the Registry of Motor Vehicles after the indefinite immediate threat suspension goes into effect and…

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The Pennsylvania ARD Program & Mass. DUI Cases

The State of Pennsylvania has an Accelerated Rehabilitative Disposition (ARD) program for those who are arrested for a first offense DUI.  One of the purposes of this DUI program is to allow qualified first offenders the ability to earn a “clean record” upon program completion. Participation in the program is not automatic and it is up to the District Attorney’s Office to agree to the ARD program. When DUI charges are dismissed after a drunk driving defendant completes the Pennsylvania…

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Reasons for Failed Rolling Re-Tests in Massachusetts

Iignition Interlock Devices are not scientific test instruments and unlike breathalyzers, they do not use infrared spectrometry to determine breath alcohol levels. Instead, ignition interlock devices use less reliable fuel cell technology. Therefore, ignition interlock devices are susceptible to false positive alcohol readings and rolling re-test violations. Baked goods which are prepared with vanilla extract and French Vanilla flavored coffee have been known to cause false alcohol readings. Likewise mouthwashes and toothpastes containing alcohols have also caused high alcohol readings…

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Ignition Interlock Device Requirements in Massachusetts

Melanie’s Law requires a driver whose license was suspended due to a drug or alcohol program assignment or an OUI conviction to install an IID if his driving history included a prior assignment or conviction at the time he or she applied for reinstatement. When someone who has had his driver’s license suspended for an OUI conviction, or an assignment to an alcohol education program, applies for a new license or to have his license or right to operate restored,…

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Ignition Interlock – Question & Answer

I was arrested twice for a dui within a few months of each other a couple years ago. My lawyer was able to get them to do a CWOF and treat it as a first offense. I am now just trying to get my license and when I went to the RMV they told me that I needed an interlock device. The RMV explicitly states that in order to have an interlock device you must have “two convictions of a…

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NDR Matches Cause Major Headaches for Mass. Drivers

I just received an e-mail from a Massachusetts Resident who has never set foot in sunny California. Nevertheless, the California Department of Motor Vehicles (DMV) has caused his driver’s license to be revoked here in Massachusetts. This happened through the National Driver Register, which is a nationwide computer system which state motor vehicle departments use to communicate with each other. His license status in Massachusetts is listed as Revoked – NDR Violation – W00, California and the alleged violation date…

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Driver’s License Reinstatement Fees

The Registry of Motor Vehicles charges reinstatement fees which have been authorized by the Massachusetts Legislature. Registry Hearing Officers have no discretion to waive these fees. They are set forth in G.L. c. 90 Sec. 33. With the implementation of the Registry’s new computer system, Hearing Officers may be charging for multiple unpaid reinstatement fees when a customer reinstates. Although this may not have been done before, this is authorized by the statute. The Registry’s new computer is apparently programmed…

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Missed Interlock Service Visits

The Massachusetts Registry of Motor Vehicles can impose severe penalties for missing Ignition Interlock Device Service Visits. Two missed Service visits can result in a 10 year license revocation and all IID users should be aware of this. A “service visit” is a mandatory visit by the Ignition Interlock program participant to the local representative of his or her authorized IID service provider so that the customer can have his or her device inspected, monitored, downloaded, calibrated, and otherwise maintained.…

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Driving without the Interlock Device

G.L. c. 90 § 24S makes it a felony criminal offense to operate a motor vehicle that was not equipped with a certified functioning ignition interlock device while the operator’s license has the “Z” ignition interlock restriction. Upon conviction, this crime carries a minimum mandatory 150-day jail sentence and a maximum sentence of up to 5 years in state prison. In addition to a potential felony conviction and incarceration, operating without an IID will result in a 10-year license revocation.…

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Missed Rolling Re-Test Violations

In order to confirm that an intoxicated driver did not solicit a sober individual to blow into the Ignition Interlock Device, to allow the driver to operate under the influence of alcohol, the Ignition Interlock Device (IID) will require periodic breath samples while the vehicle’s engine is running. These are called “rolling re-tests.” If a driver misses a pre-determined number of these rolling re-tests, his or her IID will go into lockout mode and it must be downloaded within 48…

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