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The Massachusetts Registry of Motor Vehicles currently conducts ignition interlock violation hearings on the third floor of its Boston location. Massachusetts Ignition Interlock Device users are notified of potential violations by the Registry’s interlock unit. Notification is made in writing and mailed to the interlock user’s address on file with the RMV. The most common ignition interlock violations are failed rolling re-tests, where the ignition interlock device (IID) records a reading of .02 or above. Violation notices are also sent out for missed rolling re-tests, tampering, circumvention, and failing to have the IID inspected, maintained, or monitored.
Prior to the hearing, the driver is notified of the date, time, and type of the alleged interlock violation, along with the alcohol readings. Individuals accused of ignition interlock violations are allowed to file discovery requests to obtain the interlock printouts from the Registry’s interlock unit. Those scheduled for hearings are also allowed to submit a hearing memorandum or other documentary evidence. The Registry must receive these items at least three (3) business days prior to the hearing. It will be included in the hearing package and made part of the official hearing record. This is critical because, in the event of an appeal, the evidence and legal arguments will be part of the appeal.
Massachusetts Ignition Interlock Device Violation Hearings are recorded. An experienced Registry hearing officer presides over the hearings. Interlock hearings begin with a Registry official explaining the charges and alcohol readings which support them. Next, the alleged violator or his attorney is allowed to make an opening statement. The Registry Hearings Officer will then ask questions regarding the alleged violations. Finally, the hearing will be closed and the hearing officer will take the case under advisement. A decision will be rendered and sent to the alleged violator within 10 business days.
The Registry routinely suspends licenses of interlock violators for 10 years or lifetime. Many believe that the RMV will afford them the “benefit of the doubt” and not revoke their license, only to be shocked to learn of a 10 year or lifetime license suspension.
Interlock violation hearings are serious and legal representation can make the difference between winning or losing and having your license revoked. I am a subject matter expert in Massachusetts Ignition Interlock Device Regulations, Laws, and Procedures. I have an outstanding track record of success at all levels of the interlock hearing process. If you have been accused of a Massachusetts Ignition Interlock Violation, contact me today for a free consultation.