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MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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I have had an interlock device in my car for two years. I

Customer Question

I have had an interlock device in my car for two years. I called registry they said I have to have it another 10 years. I will be 75 years old! Is there a way to appeal this decision and win? I have not had a drink since 2/4/2007. I am 65 years old and disabled. I have been severely punished spending 6 months in jail, paying a fortune for restoration of license, being gouged to death by insurance and a monthly fee that I can no longer afford. Can someone help me please
Submitted: 11 months ago.
Category: Criminal Law
Expert:  LawyerLady07 replied 11 months ago.
Good afternoon!

I'd be happy to try to help you with your legal inquiry. I think I may need more information from you to answer your question correctly. It seems to me for a standard DUI the Ignition Interlock system is required for no more than 2 years.

What was the original charge for which you were convicted and required to install interlock? If it was a DUI, pleas provide the blood alcohol level and whether it was a 1st or 2nd etc. offense. Or if you know specifically why the court ordered the lengthier punishment, please add details to your response.
Customer: replied 11 months ago.

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.

Customer: replied 11 months ago.

why am I not getting any feedback and further answer. This is becoming annoying.

Expert:  MyraB replied 11 months ago.

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/Section241~2

Therefore, 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.pdf
Under 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.

Customer: replied 11 months ago.

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.

Expert:  MyraB replied 11 months ago.
Thank you for the additional information and the further opportunity to assist you.

Under the regulations noted above, following the interlock period, an operator must apply to have the interlock restriction removed and must demonstrate that he or she has no interlock infractions or violations for the six months immediately preceding the application. If the person can't so prove, the interlock restriction is extended until the person meets the requirement. See 540 CMR 25.12 (included above). The procedure for removal of the ignition interlock device is outlined here http://rmvlawyer.com/blog/mass-ignition-interlock-device-removal-procedures.htm
(Please note that the link is to a legal website. It is not meant as a referral or endorsement but is for informational purposes only).

Therefore, I suggest you start with the application to the Registry for removal of the interlock device with the documentation and explanation that you have and following the procedure outlined. The Registry will then notify you of the decision and you can appeal to the Superior Court within 30 days of the final decision of the Registry pursuant to G.L. c. 30A, sec. 14.

Please let me know if you need any further information.
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
MyraB and 5 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

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.

Expert:  MyraB replied 11 months ago.
Thank you for your response.

If you have a hardship license, then you will be required to have the interlock device for an additional two years after your full license is restored. This is because the hardship license with interlock device requirement occurs during the suspension period and is seen as a lesser restriction than the suspension. When the suspension period expires, you must apply to the Registry for the restoration of your full license. Until the Registry restores your full license you will still be required to abide by the hardship license conditions even if the suspension period has expired. Only the Registry can restore your full license after the suspension period has ended. When your full license is restored, the Registry will impose the two year interlock device restriction under the statute. Unfortunately, there is no way around this additional interlock period.

I understand it is a hardship and it is commendable that you have no violations. I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. Had I been able to give you a more hopeful response, it would have been my pleasure to do so.

I wish you well.
Customer: replied 11 months ago.

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.

Expert:  MyraB replied 11 months ago.
You're welcome. I am glad I could be of some assistance even if it was just to explain and clarify the information and your situation.

I want to emphasize that you may want to get your full license restored as soon as you are able, because the additional two year interlock period begins when your full license is restored not from the end of the suspension period and you don't want the interlock any longer than you have to.

Good luck.

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