|
Melanie’s Law requires that anyone reinstating a license or upgrading a hardship license to a full license after January 1, 2006 must drive only those vehicles equipped with an ignition interlock device. This zero tolerance Massachusetts ignition interlock requirement will remain in place for the enter length of any hardship license and for 2 years after getting a full license. Triggering offenses for the interlock requirement include: OUI, Vehicular Homicide, OUI causing serious bodily injury, vehicular manslaughter, and boating or snowmobiling while under the influence. If you are legally required to have an interlock-restricted driver’s license, there is no way around this requirement. Interlock requirements have been challenged many times at the Registry of Motor Vehicles, Board of Appeal, and court levels. These challenges to the interlock law have failed.
The Registry of Motor Vehicles does an outstanding job administering the interlock program. However, the interlock devices use fuel cells which are not alcohol specific and they sometimes register false positive results. Attorney Brian E. Simoneau has extensive experience with Ignition Interlock Violation appeals. He has successfully reversed 10 year and lifetime license suspensions for ignition interlock violations. There are numerous legal grounds upon which interlock readings and resulting suspensions can be challenged.
The Interlock Program requires drivers with Restriction Z on their licenses to use an ignition interlock device in any vehicle which they drive. The interlock device must be installed prior to getting a license and it must be monitored every month. The user must supply a breath sample prior to attempting to start the vehicle. If the interlock device registers a reading above .02, the vehicle will not start. Also, the ignition interlock device requires the driver to perform rolling re-rests on a random basis. Any reading of .02 or above is considered an ignition interlock violation.
In Massachusetts, Melanie’s Law provides for extremely harsh consequences for ignition interlock violations, which can trigger ten year or lifetime license suspensions. The program is administered with a zero-tolerance approach and drivers must provide valid, credible, and legitimate explanations for any violations. Unless the driver establishes at his or her interlock violation hearing that the violation was not a result of blood alcohol reading, his or her license will be suspended for at least 10 years, up to lifetime. The Registry makes no exceptions to this rule. Interlock violations are treated with a zero-tolerance approach and a skilled ignition interlock lawyer, such as Attorney Brian Simoneau, can help you avoid harsh consequences.
|
