A motorist convicted of a second offense Massachusetts DUI appealed to the Massachusetts Appeals Court, claiming that the requirement that he install the ignition interlock device in his vehicle prior to reinstatement violated his rights under the State and federal constitution. Under Massachusetts statute, any motorist convicted of a second or greater offense DUI in Massachusetts or any other state, is required to have an ignition interlock device installed in their vehicle for two years prior to reinstatement of a Massachusetts driver's license.
In the case of the Registry of Motor Vehicles v. Gordon, the motorist had been convicted of a First offense Massachusetts OUI in 1989 and received a second offense conviction in 2003. The motorist was eligible for reinstatement in December of 2005, but did not seek reinstatement until January of 2006, two days after the ignition interlock component of Melanie's law went into effect.
The court rejected the motorist's challenges to the ignition interlock requirement for second offense OUI convictions and upheld the statute against Constitutional challenges. The Gordon case reaffirms the Constitutionality of the strict and harsh penalties imposed on drivers convicted of a second or subsequent offense DUI.
A Massachusetts second offense DUI charge has serious consequences because a conviction will result in a two year loss of license and the requirement that you have the ignition interlock device installed in any vehicle you operate. Attorney DelSignore defends second offense DUI cases throughout Massachusetts and is available to take your call immediately. Attorney DelSignore can be reached at 508-455-4755 or 781-686-5924 or by email.
