If you have received an Ignition Interlock Device (IID) Violation Notice from the Massachusetts RMV, you will need to have an interlock violation hearing. If this RMV hearing is not held within 30 days of the date of the interlock violation letter, the Registry will impose an indefinite interlock violation offense (IVO) license suspension.
The purpose of the IID violation notice is to force the customer to schedule a hearing. At the hearing, you have the right to legal representation, and it is highly recommend. In Massachusetts, the Registry can impose various suspension penalties, depending on the type of violation and the violator’s history. Interlock violation suspensions range from 180 days to lifetime. The most common IID violation suspension is 10 years in length. The Registry enforces the interlock law with a strict “zero-tolerance” approach.
The Registry will issue suspension letters and will hold hearings for the following interlock violations:
- Failed starts
- Failed rolling re-tests
- Missed rolling re-tests
- Missed service visits
- Operating a vehicle without a certified ignition interlock device, and
- Soliciting or allowing another person to blow into your IID
To avoid a license suspension, it is absolutely critical to present exculpatory evidence at your IID violation hearing. Preparation is the key to success in any interlock violation case and you should not schedule this hearing until you have evidence to present which explains the alleged violations.
How to Handle an RMV IID Violation Hearing
I have developed a very effective three-step process to win these IID violation hearings:
- Step 1 is to collect information. After reviewing the IID violation notice which lists the alleged violations, I obtain and review the reports from the interlock vendor (such as Smart Start, Lifesafer, or Intoxalock).
- Step 2 is to develop exculpatory evidence to persuade the Registry Hearing Officer that the client’s license should not be suspended and the Registry should take no action regarding the violation.
- Step 3 is to hold the Registry hearing and present the documentary evidence to convince the hearing officer not to issue a suspension for the alleged interlock violation(s).
If you have received an interlock violation notice from the Registry, please contact me so that we can work together to prevent the suspension of your license.