No charges issued after client arrested for driving on a suspended license while on probation for drunk driving, tampering with interlock device; client avoids mandatory jail sentence
March 5, 2020 Chelsea District Court case nos. 1914CR002161, 1914AC000543, Division of Insurance Board of Appeals No. SXXX-XX-4045, charging operating after suspension, operating after suspension for drunk driving, operation without interlock device, tampering with interlock device. Client on probation for 2nd offense drunk driving has interlock device placed on car. Client driving family home from church is pulled over and arrested for driving on a suspended license after an OUI conviction. Officer inspects interlock device and determines it was tampered with. Client facing mandatory jail sentence and catastrophic license suspensions. At clerk's hearing, we report the findings of our investigation, establishing that when client got tires changed on vehicle, service tech left car running, causing interlock device to request breath samples, which were not provided. RMV failed to provide valid notice license was suspended. We also undermined testimony that device was tampered with. All charges dismissed prior to arraignment. Thereafter, we appear at the RMV board of appeals and convince the board to lift all suspensions on our client's license.
Practice area(s): Criminal Defense, DUI / DWI