I represented a client this morning at the Registry of Motor Vehicles (RMV) as he was called in for a hearing to determine whether he had violated the terms of his ignition interlock device (IID).  The notice he received informed him that he had missed a service visit in July 2008 and as a result we prepared a defense to that allegation.  After all, the purpose of providing notice is so the accused can prepare a defense, right?

Well, not surprisingly, upon walking into the hearing we were sandbagged.  The RMV representative handed me a notice for 5 other alleged violations.  When questioned as to why the original notice did not contain these additional allegations, the Board gratiously offered to allow me to take my client in the hall and discuss the issues.  Lets imagine that conversation…

“Mr. J, do you remember if you had your IID serviced on this particular date 8 months age and if not why not?”

“Well Mr. Lawyer, can you believe I have no memory of that particular date and did not bring my 2008 calendar with me.  In fact, I left my file cabinet at home also so I can’t look for any documents that may refresh my memory.  By the way, why is the RMV raising these allegations so many months later when my memory is exhausted and any witnesses or documents I may have had to prove my innocence are no longer available?”

“Please Mr. J, I know I am your lawyer and you hired me to ensure that you are treated fairly and that justice prevails, but now is not the time to get crazy.  We are at the RMV.”

Although I am making light of this experience in my blog, my frustration is overwhelming.  Be clear, this is no inconsequential hearing.  If the RMV finds that a violation has occured, the penalty is a 10 year license loss.  You would think that with the stakes so high, the RMV would at least pretend to treat the accused fairly.

Now, I know what most of you are thinking, “If he had the device in his car, he must be a drunk driver and he shouldn’t have violated any terms of his IID.”  Truth be told, there are many circumstances that rebut the various allegations made by the RMV.  False positive tests are known to be caused by hand sanitizers, certain foods and drinks.  Mechanical malfunctions or power failures have been caused by drained car batteries and other installation issues.  In this instance my client was out of town for work many weeks each month.  There was ample evidence to prove that he had not been in Massachusetts to either drive his car or have it serviced as required.

I am optimistic (cautiously) that the RMV will accept this explanation and refrain from taking my client’s license.  However, I write to inform and warn that if you are subject to IID restrictions and you have any problems with the device, service provider or otherwise, document the problem, save your evidence and prepare to be brought before the RMV even if you resolve the problem without hearing from them.  I assure you, as RMV fairness will have it, the allegation will reamerge when you least expect it and are least prepared to defend against it.