If someone is ordered to have an ignition interlock device in their car as a result of a drunk driving conviction and they are caught driving the penalty is very harsh. The penalty for failure to drive with an ignition interlock device is a mandatory jail sentence. If you have been charged with operating without an ignition interlock device you need to speak with an attorney today.
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DRIVING WITHOUT AN IGNITION INTERLOCK IN MASSACHUSETTS
To prove that somebody drove without an ignition interlock device, the assistant District Attorney must prove the following elements.
1) That someone drove a car upon a way or place to which the public had a right of access or upon a way or place to which members of the public had access
2) did operate a motor vehicle that was not equipped with a certified functioning ignition interlock device, as defined in G.L. c. 90,
3) while his or her license or right to operate was restricted to operating only motor vehicles equipped with such device, in violation of G.L. c. 90,
PENALTY FOR DRIVING WITHOUT AN IGNITION INTERLOCK DEVICE IN MASSACHUSETTS
If convicted the penalty for driving without an ignition interlock device in Massachusetts is state prison not less than 2½ years or not more than 5 years, or House of Correction for not less than 180 days, not more than 2½ years; and a fine of not less than $1,000, not more than $15,000; sentence may not be suspended or reduced to less than 150 days; no probation, parole, furlough, or good conduct credits until 150 days served.
DEFENSES TO DRIVING WITHOUT AN IGNITION INTERLOCK DEVICE IN MASSACHUSETTS
If you have been charged with driving without an ignition interlock device in Boston or anywhere in Massachusetts an experienced criminal attorney can help with your defense. First, an attorney knows may or may not be a winning argument to use on your behalf.
A violation does not occur if the defendant’s license has been revoked, as a license cannot be both restricted and revoked at the same time (Commonwealth v. Pettit).
BOSTON CRIMINAL LAWYER
MASSACHUSETTS CRIMINAL ATTORNEY
Attorney Patrick T. Donovan has represented many clients who have been charged with driving without an ignition interlock device in Boston and throughout the state of Massachusetts. Boston Criminal Attorney Patrick T. Donovan is committed to aggressively pursuing the best possible outcome for each and every one of his clients.
A former Norfolk County assistant district attorney, Attorney Donovan is well aware of the many legal strategies both law enforcement and district attorneys will use when trying to get a driving without an ignition interlock device conviction. Attorney Donovan uses his prior training and knowledge as an Assistant District Attorney to his clients’ advantage by challenging evidence submitted by state lawyers, investigating faulty law enforcement procedures, and ultimately building the strongest case possible for every single one of his clients.
Contact Attorney Patrick T. Donovan today for your free initial consultation at (617)479-1800
Quincy Criminal Attorney
Attorney Donovan offers free consultations. His office is conveniently located in Quincy close to route 93. Attorney Donovan also offers shuttle service to and from home. Quincy Criminal Attorney Donovan offers both evening and weekend consultations and will meet at places convenient to the client. Call attorney Patrick Donovan at (617) 479-1800 for your free consultations.
CALL THE LAW OFFICE OF PATRICK T. DONOVAN TODAY FOR YOUR FREE INITIAL CONSULTATION AT (617) 479-1800.
