Phone: 508-881-1119    Email: attorney@rmvappeal.com

Bypass the ignition interlock device? Don't do it!

by Brian E. Simoneau, Esq. 1. October 2009 10:19

I have noticed that many people have been searching the internet for ways to bypass the ignition interlock device. Trying to bypass the ignition interlock device will likely result in a 10 year or lifetime suspension of your Massachusetts Driver’s License.

All ignition interlock devices used in Massachusetts have features built into them to detect and record circumvention attempts. The ignition interlock devices are also equipped with special seals which will show evidence of tampering. Ignition interlock devices will record any unusual electrician activity including high voltage or battery disconnection. During the monthly service visit, this data will be downloaded and transmitted to the Registry. If the ignition interlock data which indicates tampering or circumvention, the driver will be called in for an ignition interlock violation hearing, which may result in suspension of the interlock user’s driver’s license.

As bad as it is, if you tamper with an interlock device, a suspension may be the least of your problems. Under Melanie’s Law, tampering with an ignition interlock device is a felony which carries 6 month minimum mandatory jail sentence and a maximum sentence of up to 3 years in state prison.

If you are still drinking and you have an ignition interlock device installed in your vehicle, you have to be very careful not to trigger a failed rolling re-test. In many cases, drivers will pass an initial start test and fail a rolling re-rest. This may result in an interlock violation notice.

I am an ignition interlock specialist. If you are facing an ignition interlock related suspension or if you have received an interlock hearing notice from the Mass. RMV, please contact me at 508-881-1119 or via e-mail

Attorney Brian E. Simoneau

Road Rage Incident results in Immediate Threat Suspension

by Brian E. Simoneau, Esq. 1. October 2009 08:13

As a result of an alleged road rage incident, Thomas Dillen, 19 years old, was arraigned yesterday on charges of assault by means of a dangerous weapon, a motor vehicle, and operating to endanger. The charges resulted from an incident that occurred at the Natick Collection last Friday.

Natick Police reported that Dillen, who was driving a 1990 Pontiac Firebird, was involved in an accident with another man who was driving a 1988 Audi. The driver of the Audi alleged that Dillon intentionally forced him off the road.

Dillen's account of the crash was contradicted by the parking garage surveillance video. The video showed that Dillen turned his vehicle into the Audi's path and abruptly slammed on his brakes. This caused the driver of the Audi to swerve to avoid striking Dillen and hit a curb.

Dillen and the victim know each other and they were involved in an on-going dispute. This case is somewhat similar to an incident in Leominster where a driver was charged with attempted murder when she tried to run down a mother and her daughter in a crosswalk, due to an on-going dispute.

As a result of the incident, Natick Police filed an immediate threat complaint with the Massachusetts RMV. Police can file these complaints whenever continued operation by a driver would constitute an immediate threat to public safety. The Registry reviews each complaint and, in most cases, immediately and indefinitely suspends the driver's license until a Registry hearing can be held. At the hearing, the Registry determines what course of action to take such as continuing the suspension and requiring the driver to take re-training classes, such as the NSC Alive at 25, the State Courts Against Road Rage (SCARR), or the Attitudinal Dynamics of Driving class. The Massachusetts Registry of Motor Vehicles receives approximately 75 immediate threat complaints each week.

Am I Required to have the Ignition Interlock Device?

by Brian E. Simoneau, Esq. 1. October 2009 02:41

Not a week goes by where at least one person asks about whether or not he or she needs to have an ignition interlock device. Here is the answer to one of the most frequently asked questions.

If you have two or more OUI, DWI, DUI, DWAI, or “drunk driving” convictions on your record, no matter when or where the offense occurred, and you are reinstating your suspended or revoked license after January 1, 2006 or coming off of a hardship license after January 1, 2006, or you are converting to a license from another state to a Massachusetts License, you are legally required to have the interlock device for 2 years. This is required by Melanie's Law.

Also, if you are a second or subsequent offender and you are trying to get a DUI hardship license, you will need interlock for the entire term of the hardship license.

There are absolutely no exceptions to this rule. Like the Registry, the Board of Appeal takes a zero tolerance approach when it comes to interlock requirements. If you are legally required to have interlock, there is no way around it.

If you are accused of an ignition interlock violation, please contact me. I have an outstanding track record in ignition interlock defense cases.

Attorney Brian E. Simoneau

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