Don't Try to Bypass the Ignition Interlock Device

Posted on February 17, 2010 by Brian E. Simoneau

I’ve noticed that there are a large number of people who are searching the internet for ways to bypass the ignition interlock device. Attempting to do this in Massachusetts is extremely dangerous and it will likely result in a 10 year license suspension or even jail time. The Massachusetts Ignition Interlock Device Law states that those who interfere with or tamper with an interlock device, with the intent to bypass or disable the IID, shall be punished a minimum mandatory sentence of 6 months in jail, and they may be sentenced to up to 5 years in state prison. This means that ignition interlock disabling, bypassing, or tampering is a felony in Massachusetts. Also, the Registry’s interlock regulations provide for a 10 year mandatory license suspension trying to bypass the interlock device.

Given the frustration and inconvenience associated with the ignition interlock device, it may be tempting to try to bypass it. There are even videos on the internet that show how to do so. However, the interlock devices used in Massachusetts employ sophisticated anti-tampering mechanisms which will resist or record tampering or circumvention attempts. If the Mass. RMV discovers that user tired to bypass the ignition interlock device, the interlock user will definitely be called in for a registry hearing and he or she may be charged criminally. Please do not let this happen to you.

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Bus Driver Claimed to be Driving Under the Influence

Posted on February 15, 2010 by Brian E. Simoneau

The Worcester Telegram recently reported of a school bus driver who had his license suspended as a result of an immediate threat complaint filed by the Worcester Police Department. Apparently, the bus driver was involved in a “road rage” incident with a motorist who was following the school bus. The motorist reported that the bus driver was “exhibiting odd behavior” and the police stopped the bus as a result thereof.

When the bus driver, who apparently has a clean driving record, told the police that he had been prescribed Oxycontin, the police officer filed, with the Mass. RMV, an immediate threat report wherein he wrote “OUI,” suggesting that the driver had been operating under the influence. Immediately after the incident, the bus driver took drug and alcohol tests which were negative.

The bus driver has filed an internal affairs complaint against the Worcester Police Officer who stopped him and filed the immediate threat complaint. When the RMV receives immediate threat notices, it immediately suspends the driver’s license and schedules a hearing at the RMV Driver Control Unit in Boston. The Worcester Police claimed that the officer “erred on the side of caution” when he filed the report with the Registry.

Certainly, a school bus driver who is driving a busload of students while under the influence of Oxycontin is a serious issue. Here, however, it seems that the driver was no doing so. Instead, he was the victim of an angry motorist who reported him to the police, who “erred on the side of caution” when they filed the report which resulted in the immediate suspension of the driver’s license. The Worcester Telegram article was the most commented on Today, and it had received 94 comments at the time of this post.
 

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DWAI Convictions are the same as Mass. DUI Convictions

Posted on February 11, 2010 by Brian E. Simoneau

The Massachusetts License Suspension Law requires that whenever a Massachusetts resident or license holder is convicted of a crime in another jurisdiction, the Registry must treat the offense as if it had been committed here in Massachusetts, for license suspension purposes. 

One issue which often arises because of the above-cited law is whether or not lesser forms of operating under the influence of intoxicating liquor such as Driving While Alcohol Impaired (DWAI) is similar enough to the Massachusetts offense of OUI to be treated as such by the Mass. RMV and Board of Appeal. This situation comes up where Massachusetts residents and/or license holders are cited in New York and Colorado, both states which often allow DUI charges to be reduced to DWAI.

In the case of Brestien v. Board of Appeal, which was published today, the Massachusetts Appeals Court ruled that the Colorado offense of DWAI is sufficiently similar to the Massachusetts offense of DUI so that it should be treated as such for license suspension purposes. The Mass. Appeals Court reached this conclusion because both the Massachusetts and Colorado statues require proof that a driver’s ability to drive is impaired by alcohol.
 

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