The Massachusetts Registry of Motor Vehicles has recently revised its Ignition Interlock Violation Hearing procedures. The new ignition interlock violation hearing process is explaiend below.
First, the ignition interlock service provider will notify the Registry of a possible violation as a result of data downloaded as part of the monthly monitoring and calibration visit. The Registry will then mail you an ignition interlock violation notice. The notice will describe the violation and reported BAC readings. The notice will also tell you the time and date of the alleged interlock violation.
The purpose of the interlock violation hearing is to determine whether the alleged violation actually occurred. The ignition interlock hearing is held pursuant to Massachusetts Registry of Motor Vehicles Regulations 540 CMR 9.00 CMR 9.00 and 540 CMR 25.11. At the hearing, you have the right to present your evidence and witnesses in rebuttal to the alleged interlock violation. You also have the right to be represented by counsel; however, you must accompany your counsel to the hearing. You may, at least two business days prior to the hearing, contact the Registry to ascertain the identities of any witnesses the Registry intends to have testify.
You are entitled to examine the documentary evidence, which will be used at your hearing in support of the alleged ignition interlock violation, at the Boston Registry of Motor Vehicles prior to or at the interlock hearing. At least two business days prior to the hearing date, the Registry requests that you fax, to the RMV Ignition Interlock Program Manager, any documentary evidence and memoranda which you will present at the hearing and the identities of any witnesses who will testify.
Ignition Interlock Violation hearings are recorded and the documentary evidence is preserved for review by the Board of Appeal or Superior Court. You will be defaulted if you fail to appear at the ignition interlock device violation hearing and a determination will be made at the hearing whether the violation occurred. If a determination is made that the violation occurred, the Registry will suspend your license pursuant to 540 CMR 25.11.
If you experience an interlock violation, you should document everything in detail and send a letter to the RMV explaining exactly what happened and why you beleive that you did not violate the ignition interlock law. This proactive response may avoid an interlock violation hearing. If you have questions regarding the Registry’s Ignition Interlock Program, pelase contact Attorney Brian Simoneau at 508-881-1119.