How does the government prove that I did not use an ignition interlock device?
In order to prove a defendant guilty of the offense of failing to have an ignition interlock device, the Commonwealth must prove all of the following beyond a reasonable doubt:
- That the defendant operated a motor vehicle
- The defendant operated the vehicle on a public way OR a place to which members of the public have access as invitees or licensees
- That the motor vehicle does not equip a certified functioning I.I. device
- The defendant’s license to operate restricts to operating only vehicles with such a device
What is a certified ignition interlock device?
A “certified ignition interlock device” means an alcohol breath-screening device that prevents a vehicle from starting if it detects a blood alcohol concentration over a preset limit of .02 or 20 mg of alcohol per 100 ml of blood.
Is the defendant in violation of not using an Ignition Interlock device if the RMV revokes the license?
No, the defendant is not in violation of the offense if the RMV revokes the license. There may not be both a restriction and revocation on a license.
Who is responsible for the certification of ignition interlock devices?
The Registrar of Motor Vehicles (RMV) certifies I.I. devices. It also publishes a list of certified types of devices.
IF YOU OR A LOVED ONE HAVE A LEGAL QUESTION OR HAVE BEEN CHARGED WITH A CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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