Home Forums Massachusetts Motorists Issues interlock violation

Tagged: ,

This topic contains 24 replies, has 16 voices, and was last updated by  Shelia at NMA 4 months, 3 weeks ago.

  • Author
    Posts
  • #176589568

    Anonymous

    I had two violations this morning about an hour and a half apart from one another. I have 48 hours until I can get to the service shop. What is going to happen when I there? Loss of license? jail? Fines? I live in mass.

  • #176590942

    Anonymous

    Are you on probation or out on bond? I had a alcohol violation this past week (in Texas and out on bond) and was wondering the same thing.

    I posted the question on another forum today and have yet to get an answer.

  • #176596348

    tommy1
    Participant

    Are you on probation or out on bond? I had a alcohol violation this past week (in Texas and out on bond) and was wondering the same thing.

    I posted the question on another forum today and have yet to get an answer.

  • #176590943

    Anonymous

    I’m off probation and I have had the interlock since February with a clean sheet.

  • #176596349

    jmcg1020
    Participant

    I’m off probation and I have had the interlock since February with a clean sheet.

  • #176590946

    Anonymous

    I do not know Mass oui law and its happenings. More likely than not the service place will just download the info from the device like normal and, because of the violations, you may have to fill out paperwork as to why the violations happened. Then you wait for the state.
    What kind of violations were they? rolling or start?
    What device do you have?

    I found this rather easily on a govt site.
    http://www.mass.gov/rmv/melanie/ignition_interlock_device_brochurev.pdf

  • #176596352

    Bliddy Boh
    Participant

    I do not know Mass oui law and its happenings. More likely than not the service place will just download the info from the device like normal and, because of the violations, you may have to fill out paperwork as to why the violations happened. Then you wait for the state.
    What kind of violations were they? rolling or start?
    What device do you have?

    I found this rather easily on a govt site.
    http://www.mass.gov/rmv/melanie/ignition_interlock_device_brochurev.pdf

  • #176590952

    Anonymous

    It was starting the car. I had drinks the night prior and had to go to work. Didn’t think I was over any limit. I checked that website and almost had cardiac arrest when I noticed it said 10 year loss. Heading to the service center today.

  • #176596358

    jmcg1020
    Participant

    It was starting the car. I had drinks the night prior and had to go to work. Didn’t think I was over any limit. I checked that website and almost had cardiac arrest when I noticed it said 10 year loss. Heading to the service center today.

  • #176590954

    Anonymous

    the site did not mention startup violations. But a reviewer of your info could take it into account and make the argument that had it not be for the interlock you would have driven. Possible extension could be warranted. Or they may take a look at your history and give you a pass. No real way to tell. States operate differently. I had one fail on startup my entire suspension. I blew a .029. But 12 mins later I blew a 0.00 and they took into my account that I had no prior history of fails and I never heard from them. I assume they figured it was a false positive, which it was due to me grabbing the mouthwash with alcohol in it instead of the non-alcoholic that I brought with camping.

    If you are going to drink that much the night before to where it is going to affect your interlock the next morning then I highly suggest you invest in a quality breathalyzer to use before you even try to blow into the interlock.

  • #176596360

    Bliddy Boh
    Participant

    the site did not mention startup violations. But a reviewer of your info could take it into account and make the argument that had it not be for the interlock you would have driven. Possible extension could be warranted. Or they may take a look at your history and give you a pass. No real way to tell. States operate differently. I had one fail on startup my entire suspension. I blew a .029. But 12 mins later I blew a 0.00 and they took into my account that I had no prior history of fails and I never heard from them. I assume they figured it was a false positive, which it was due to me grabbing the mouthwash with alcohol in it instead of the non-alcoholic that I brought with camping.

    If you are going to drink that much the night before to where it is going to affect your interlock the next morning then I highly suggest you invest in a quality breathalyzer to use before you even try to blow into the interlock.

  • #176591704

    Anonymous

    In Massachusetts, the Registry of Motor Vehicles does not suspend for initial start violations. I’ve handled a few “cough medicine” cases where the cough medicine which contained alcohol resulted in rolling re-test violations. I’ve brought the bottle of cough medicine to the hearing and submitted a copy of the label as an exhibit. I was able to show that the alcohol readings were the result of “mouth alcohol” instead of alcohol in “deep lung air” which is indicative of alcohol in the bloodstream. You should document everything in the event that you get called in for an ignition interlock violation hearing.

    Attorney Brian E. Simoneau

    161 Worcester Road, Suite 200

    Framingham, MA 01701

    508-656-0057

    508-302-0212 (fax)

    [www.rmvlawyer.com]

    [hardshiplicenselawyer.com]

    E-mail: brian@simoneau.com

  • #176597110

    wtf peeps
    Participant

    In Massachusetts, the Registry of Motor Vehicles does not suspend for initial start violations. I’ve handled a few “cough medicine” cases where the cough medicine which contained alcohol resulted in rolling re-test violations. I’ve brought the bottle of cough medicine to the hearing and submitted a copy of the label as an exhibit. I was able to show that the alcohol readings were the result of “mouth alcohol” instead of alcohol in “deep lung air” which is indicative of alcohol in the bloodstream. You should document everything in the event that you get called in for an ignition interlock violation hearing.

    Attorney Brian E. Simoneau

    161 Worcester Road, Suite 200

    Framingham, MA 01701

    508-656-0057

    508-302-0212 (fax)

    [www.rmvlawyer.com]

    [hardshiplicenselawyer.com]

    E-mail: brian@simoneau.com

  • #176591708

    Anonymous

    25.10 Ignition Interlock Violations (IID Violations) – An Ignition Interlock Violation consists of any of the following:

    (a) Any evidence of operating a motor vehicle without an Ignition Interlock Device;

    (b) Soliciting or allowing any other person to blow into an Ignition Interlock Device, or to start an IID-equipped vehicle for the purpose of providing the person so restricted with an operable motor vehicle;

    (c) Using any means other than blowing a breath directly from the operator’s mouth into the device, in order to supply an air sample to the device;

    8

    (d) An attempt to Tamper with or Circumvent the IID;

    (e) A Failed Rolling Re-test in which the operator’s BAC registered at or above .05;

    (f) Two Failed Rolling Re-tests within one Service Period in which the operator’s BAC registered between .02 and .05;

    (g) Two Lockouts due to Missed Rolling Re-tests;

    (h) Two missed Service Visits.

    he will get a lockout: it seems to me massachusetts and smart start will make about 50 from him.

    25.09 Lockouts

    (a) A Lockout shall commence for any of the following infractions of the Ignition Interlock Restriction:

    1. Two Failed Start-up Tests within one Service Period;

    2. One Failed Rolling Re-test;

    3. One missed Service Visit;

    4. Two Missed Rolling Re-tests within one Service Period;

    (b) When an infraction of the Ignition Interlock Restriction triggers a Lockout, the operator is immediately notified that a Lockout is in progress and that he has 48 hours to bring the vehicle to the Service Provider for inspection. As at all other times, the operator is prohibited from starting the vehicle until his BAC registers .02 or below on the IID; the IID effects this restriction by disabling the vehicle’s ignition. If the operator fails to bring the vehicle to the Service Provider for inspection during the time allotted, the vehicle’s ignition is permanently locked and only the Service Provider is permitted to release it. The operator is responsible for any and all charges associated with getting the vehicle to the Service Provider in a lawful manner, in addition to any re-set charges incurred for the Lockout.

    (c) The Service Provider shall provide immediate notice of any Lockout to the Registrar.

    (d) If an IID-restricted operator believes a Lockout is unjustified, he may request a hearing with the Registry of Motor Vehicles within 30 days of the Lockout. If the Registrar finds the Lockout was not justified, the Lockout shall be excused.

    It is crystal clear, don’t think you have anything to worry about. The rolling tests are the main concern.

  • #176597114

    wtf peeps
    Participant

    25.10 Ignition Interlock Violations (IID Violations) – An Ignition Interlock Violation consists of any of the following:

    (a) Any evidence of operating a motor vehicle without an Ignition Interlock Device;

    (b) Soliciting or allowing any other person to blow into an Ignition Interlock Device, or to start an IID-equipped vehicle for the purpose of providing the person so restricted with an operable motor vehicle;

    (c) Using any means other than blowing a breath directly from the operator’s mouth into the device, in order to supply an air sample to the device;

    8

    (d) An attempt to Tamper with or Circumvent the IID;

    (e) A Failed Rolling Re-test in which the operator’s BAC registered at or above .05;

    (f) Two Failed Rolling Re-tests within one Service Period in which the operator’s BAC registered between .02 and .05;

    (g) Two Lockouts due to Missed Rolling Re-tests;

    (h) Two missed Service Visits.

    he will get a lockout: it seems to me massachusetts and smart start will make about 50 from him.

    25.09 Lockouts

    (a) A Lockout shall commence for any of the following infractions of the Ignition Interlock Restriction:

    1. Two Failed Start-up Tests within one Service Period;

    2. One Failed Rolling Re-test;

    3. One missed Service Visit;

    4. Two Missed Rolling Re-tests within one Service Period;

    (b) When an infraction of the Ignition Interlock Restriction triggers a Lockout, the operator is immediately notified that a Lockout is in progress and that he has 48 hours to bring the vehicle to the Service Provider for inspection. As at all other times, the operator is prohibited from starting the vehicle until his BAC registers .02 or below on the IID; the IID effects this restriction by disabling the vehicle’s ignition. If the operator fails to bring the vehicle to the Service Provider for inspection during the time allotted, the vehicle’s ignition is permanently locked and only the Service Provider is permitted to release it. The operator is responsible for any and all charges associated with getting the vehicle to the Service Provider in a lawful manner, in addition to any re-set charges incurred for the Lockout.

    (c) The Service Provider shall provide immediate notice of any Lockout to the Registrar.

    (d) If an IID-restricted operator believes a Lockout is unjustified, he may request a hearing with the Registry of Motor Vehicles within 30 days of the Lockout. If the Registrar finds the Lockout was not justified, the Lockout shall be excused.

    It is crystal clear, don’t think you have anything to worry about. The rolling tests are the main concern.

  • #176591742

    Anonymous

    Hello all, I hope your day is well. I have been on probation for just under 3 years for a DUI and part of my probation was to have an interlock applied to my vehicle. I have not received any fails until October 2013 where it would read fail but my vehicle would start. This was puzzling to me as I had not consumed any alchohol. I immediately called the Interlock company and after explaining what was going on, they replaced my device. I was also given a document stating “Reason for appointment, Equipment replacement” This happened again early February. My question is as long as I have documentation showing that the equipment was replaced after a fail reading, would I still be liable for that fail? Clearly it was something wrong with the device for them to replace it. Please advise at your earliest convenience. This matter is in Columbus Ohio.

    Thank you,

    Sbrooki6

  • #176597148

    sbrooki6
    Participant

    Hello all, I hope your day is well. I have been on probation for just under 3 years for a DUI and part of my probation was to have an interlock applied to my vehicle. I have not received any fails until October 2013 where it would read fail but my vehicle would start. This was puzzling to me as I had not consumed any alchohol. I immediately called the Interlock company and after explaining what was going on, they replaced my device. I was also given a document stating “Reason for appointment, Equipment replacement” This happened again early February. My question is as long as I have documentation showing that the equipment was replaced after a fail reading, would I still be liable for that fail? Clearly it was something wrong with the device for them to replace it. Please advise at your earliest convenience. This matter is in Columbus Ohio.

    Thank you,

    Sbrooki6

  • #176597264

    wtf peeps
    Participant

    I think you should be okay. Whatever happened with this ? Thanks!

  • #176591858

    Anonymous

    I think you should be okay. Whatever happened with this ? Thanks!

  • #176592262

    Yousef Faroniya
    Participant

    three failed startups in 2nand half hour period. bac.103 first..119 scond 3 minutes later! gave up for two n half hours. .083 third startup. couldnt figure it out. went back to bed. 5 hrs later .000. which its always been for two montths. before suspension went to rehab and havent drank since. always been .000. only difference i can think of is heavy rain through all failed startups. no lockouts-been fine last 4 days. dont get it. new to this. intoxalock in connecticut.

  • #176597668

    dubld63
    Participant

    three failed startups in 2nand half hour period. bac.103 first..119 scond 3 minutes later! gave up for two n half hours. .083 third startup. couldnt figure it out. went back to bed. 5 hrs later .000. which its always been for two montths. before suspension went to rehab and havent drank since. always been .000. only difference i can think of is heavy rain through all failed startups. no lockouts-been fine last 4 days. dont get it. new to this. intoxalock in connecticut.

  • #176592270

    Mohamed Lakhany
    Participant

    I have my interlock for two months and i have the lettter from CT DMV week ago I can drive i have the Intoxalock company, since day one las week I get worried I can blow correct or always give try hard…ok I have two years probation I go to classes for drinking this Monday I go to my car and blow it and I saw the number 0.046 I look and after I saw counting down 2 minutos I thought I can start the car and nothing I try again and and read try harder I go inside the house and explain my son and he say wait and try I’m so nervous I have PO and wash my mouth rinse drink water and try and I passedbut I decide don’t start my car was after 20 min when I get the failure my son say I give you a ride I call my PO and explain all leave 3 messages I call the Intoxalock company and tell them all I was make sure all is in records…now I’m so worry if I go in jail for 6 months for fail plus I don’t know the penalty from CT DMV about this…what I do that morning was eat spicy food in the grill my coffe a can of Coca-Cola brush my teeth and use a mouthrinse Listerine and wear my cologne I never thought I get that fail ….someone can tell me what happens in my case??
    Since that day I can sleep.. eat…I have to bring my car for load the records on August 5 and I have too se my PO this August 2…if I was drinking I have 4 cars in my house and I can drive if I want plus,my wife,son and he’s wife can give a ride…incredible but this happens to me.
    please advice.

  • #176597676

    Antonio49
    Participant

    I have my interlock for two months and i have the lettter from CT DMV week ago I can drive i have the Intoxalock company, since day one las week I get worried I can blow correct or always give try hard…ok I have two years probation I go to classes for drinking this Monday I go to my car and blow it and I saw the number 0.046 I look and after I saw counting down 2 minutos I thought I can start the car and nothing I try again and and read try harder I go inside the house and explain my son and he say wait and try I’m so nervous I have PO and wash my mouth rinse drink water and try and I passedbut I decide don’t start my car was after 20 min when I get the failure my son say I give you a ride I call my PO and explain all leave 3 messages I call the Intoxalock company and tell them all I was make sure all is in records…now I’m so worry if I go in jail for 6 months for fail plus I don’t know the penalty from CT DMV about this…what I do that morning was eat spicy food in the grill my coffe a can of Coca-Cola brush my teeth and use a mouthrinse Listerine and wear my cologne I never thought I get that fail ….someone can tell me what happens in my case??
    Since that day I can sleep.. eat…I have to bring my car for load the records on August 5 and I have too se my PO this August 2…if I was drinking I have 4 cars in my house and I can drive if I want plus,my wife,son and he’s wife can give a ride…incredible but this happens to me.
    please advice.

  • #176655211

    The Massachusetts Registry of Motor Vehicles is now taking action on initial start IID violations. The practice of taking to action ended in February of 2017 and now Ignition Interlock Device users who experience initial start failures are being brought in for hearings. The Registry is basing this change on their reading and interpretation of G.L. c. 90 Sec. 24 1/2, the Massachusetts IID statute and not 540 CMR 25.10, which is the Registry’s IID Regulation. I disagree with the Registry’s reading of the statute. However, all Mass. IID users should be aware that initial start violations could result in 10 year license revocations.

  • #176655554

    Shelia at NMA
    Participant

    Brian, Thank you for your information. Would you be willing to write up an editorial for a guest blog on the NMA website?

    Shelia

You must be logged in to reply to this topic.

Log In or Register