June 2017 - License Requiring Interlock Ignition Device Suspended due to Immediate Threat Fully Reinstated without Restriction
My client had previously been charged with OUI - Liquor and had his license suspended for five years for refusing to submit to a breath test. He was found not guilty after trial. The judge issued an order to reinstate his license provided that his license had a twelve hour time restriction and that he install an interlock ignition device in his vehicle.
Years later, my client was stopped by the police while driving on the highway and charged with operating a motor vehicle without an interlock ignition device. The police filed an immediate threat application with the Registry of Motor Vehicles as a result of this charge, and the Registry suspended my client's license indefinitely. My client ultimately entered a plea to a lesser charge of operation of a motor vehicle after suspension / time restriction. However, the indefinite suspension of my client's license remained in effect, and my client filed an appeal of the suspension with the Registry.
I successfully presented my client's case to the Registry Board of Appeals in Boston. At the hearing, the Board reviewed the order from the judge requiring the twelve hour time restriction and the interlock ignition device in his vehicle. I argued and the Board agreed that that the statute allowing the reinstatement of a license after a finding of not guilty does not permit a judge to order restrictions on a license. The Board thus found that my client was not legally required to have an interlock ignition device installed in his vehicle. Ultimately, the Board issued a written decision to fully reinstate my client's license without an interlock ignition device.