It was counted as a 3rd the other two were 30 yes 30 years ago. I don't know the blood alcohol. I don't know either why the lengthy punishment. I know that prior to I had a PERFECT driving record both here in Massachusetts and in Florida. I really think 10 years is a bit much. We do still have the 8th amendment in place right? Ten additional years is ridiculous. There must be a way to appeal this. I am good a stable woman of the community highly respected at my job and church and anything else I am involved in. I also volunteer at a women's minimum security prison bringing in Bible study and a christian program. I am being ytreated like public enemy #1 and enough is enough. Please help me.
why am I not getting any feedback and further answer. This is becoming annoying.
Hello and thank you for your question.Your prior expert has opted out of the question and I will be happy to assist you further. I am sorry to hear of your situation and I look forward to working with you to provide the information that you seek. It is my understanding that the interlock device was imposed under G.L. c. 90, sec. 24 1/2, as a result of a 3rd offense OUI. Neither the RMV nor court can arbitrarily impose a further interlock period. However, the period can be extended if the RMV deems there has been an interlock violation.
The statute provides that: The registrar may, after hearing, revoke for an extended period or for life, the license of whoever removes such device or fails to have it inspected, maintained or monitored on at least 2 occasions during the period of the restricted license or right to operate if the licensee has operated or attempted to operate a vehicle with a blood alcohol level that caused the certified ignition interlock device to prohibit a vehicle from starting on at least 2 occasions or that recorded a blood alcohol level in excess of.02 on at least 2 occasions. The statute may be found here https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section241~2Therefore, if the RMV deems that you violated the interlock law as noted above, they can impose a further suspension. By regulation the suspension period for a single violation of the ignition interlock law is ten years; and the RMV can impose a lifetime suspension for any further violation. It may be that the RMV deemed that you violated the interlock law and imposed the further suspension. The regulations may be found here http://www.massrmv.com/rmv/rmvnews/2006/540.pdfUnder the regulations you would be entitled to a hearing on any violation. A person aggrieved by a decision of the registrar pursuant to this section may file an appeal in the superior court of the trial court department. If the court determines that the registrar abused his discretion, the court may vacate the suspension or revocation of a license or right to operate or reduce the period of suspension or revocation as ordered by the registrar. Please feel free to ask any follow up questions.
There was never any incident or violation. The first company I was with Guardian, their machines weren't accurate. I had alot of trouble with them as did many others. The installer switched companies I am now with Sens-o-Lock. Steve's security is my calibrator. When I did have a problem Sens-o-lock determined the slight fail was due to medication I was using and they did NOT VIOLATE me. I have had no incidents and I can prove it with Steve's security and Sens-o-lock. I have never received any notices or documents that an extension had been put in place. Thank you for your detailed answer. Where do I go from here.
ok Great info. Thank you. XXX X need to know how to get the stupid restriction of the cinderella license taken off in order to apply to have interlock device removed. The statute also states I must keep the damn device for two more years after the restriction is lifted. They have got you coming and going. I really think this is overkill and really excessive punishment. Unless you are rich you just have to keep suffering. This is so unfair. Please tell me what I can do. I know I have to have the restriction lifted. I have had no violations whatsoever.
thank you so much you have been most helpful. I guess I will just plug along until I can get the full license and put up with the ridiculous device for another two years. I really think it is overkill and extremely unfair to drag out a punishment for this length of time. The woman that hit the Boston Glob Truck yesterday had 10 license suspensions and no interlock in her car. Go figure. I truly feel like a prisoner. So not fair. Thank you for your help.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).