Pursuant to G.L. c.90, § 24, c. 90 § 24 ½, and 540 CMR 25 .00, the Registry of Motor Vehicles (RMV) schedules Ignition Interlock Violation Hearings whenever it receives documentation which shows a potential violation of the Ignition Interlock Device (IID) program requirements. Whenever non-compliance with the IID program is suspected, the customer will be issued a hearing notice and required to appear before a Registry Hearing Officer to explain the alleged violation(s). Since these Ignition Interlock Violation Hearings can result in 10 year license revocations, legal representation is strongly recommended.
Some Ignition Interlock Violation Hearing Notices are accompanied by a “Notice of Intent” issued by the Registrar to revoke the operator’s license of the ignition interlock program participant. The issuance of such a notice means that the customer’s driver’s license has already been scheduled for revocation and failure to appear at the hearing may result in the scheduled revocation going into effect. The RMV will review the violation documentation contained within the administrative record and render a decision which may result in the imposition of an additional license suspension or revocation.
At the hearing, you have the right to present your evidence and witnesses in rebuttal to the alleged violation(s). The Registry requests that you submit to the Ignition Interlock Department any evidence and a list of all witnesses you intend to have testify on your behalf.
All Ignition Interlock Violation Hearings are electronically recorded and the Registry will begin the hearing by putting the violation on the record. This is usually done through documentary evidence provided by the IID service provider. In some cases a representative from the service provider will participate in the hearing by telephone. The purpose of this participation is to provide technical information and answer technical questions about the IID.
The hearing officer will have access to the customer’s violation history as well as other information showing the use or non-use of the device. The customer is allowed to introduce exculpatory information in the form of testimony, documentary evidence, sworn statements, live witnesses, and written affidavits. The customer is also allowed to present a legal memorandum which explains why, a matter of law, the 10 year revocation should not be imposed.
At the conclusion of the hearing, the Registry will send a copy of the written decision to the customer within 10 days. If a revocation is imposed, the IID customer will also receive a revocation notice which informs him or her that his or license has been revoked for up to 10 years.
Given the high stakes, it is strongly recommended to have competent counsel handle your ignition interlock violation hearing. You have the legal right to be represented by an attorney and you should not go into this hearing alone.