Tag Archives: Melanie’s Law

Melanie’s Law may get tougher

Posted by Attorney Brian E. Simoneau on March 2, 2011 638 comments

The family of Melanie J. Powell, the teenager who was killed by a drunk driver, has been lobbying intensely at the statehouse for the passage of Senate Bill 1925, which would strengthen Melanie’s Lawby requiring the OUI First Offenders to use the Ignition Interlock Device.

The Ignition Interlock Device is a breath testing device which is installed in DUI offenders’ vehicles to prevent the vehicle from starting if alcohol is detected on the driver’s breath. Ignition interlock readings are reported back to the Registry of Motor Vehicles and interlock violations can result in 10 year or lifetime license revocations.

Under the current version of Melanie’s Law, ignition interlock devices are required for second or subsequent drunk driving offenders. The new law would expand the requirement to those convicted of a first offense OUI so that first offenders would be required to use the ignition interlock device for the entire term of any DUI hardship license and for six months after getting a full license.

A hearing was recently held at the Statehouse regarding the proposed legislation. Senator Sen. Robert Hedlund, a Weymouth Republican introduced the Bill and Senator Steven A. Baddour, D-Methuen co-sponsored the bill. It is predicted that the Joint Committee on the Judiciary will recommend that the bill ought to pass and send it to the full Senate for a vote. It will then go to the Massachusetts House of Representatives for consideration.

If the bill passes, Massachusetts will join 11 other states which require all DUI offenders to use the ignition interlock device.

Melanie’s Law: Constitutional, Enforceable, and Likely to Get Tougher

Posted by Attorney Brian E. Simoneau on March 2, 2011 562 comments

I am writing to dispel some myths and misconceptions regarding Melanie’s Law, St. 2005, c. 122, which was an act to increase the penalties for drunk drivers in Massachusetts, which was passed and approved on October 28, 2005.

Melanie’s law substantially increased the penalties for refusing the breathalyzer and operating under the influence in Massachusetts. It also implemented strict requirements regarding the use of ignition interlock devices for second and subsequent DUI offenders. Under Melanie’s Law, there is a lifetime look back period when counting prior offenses.

Many believe that Melanie’s Law is unconstitutional because it is “ex post facto.” Individuals suffering with long license suspensions and revocations, and those forced to use the ignition interlock device, have expressed a desire to challenge the law on constitutional grounds. Others hope that the Legislature will amend the law to soften its impact. The reality is neither the law makers nor the courts are going to, in any way, water down Melanie’s Law. In fact, there is legislation pending to make Melanie’s Law even tougher. Indeed, Massachusetts DUI laws are very likely to get more stringent in the future.

In the recent case of Joseph Gordon v. Registry of Motor Vehicles, Gordon challenged the Registry’s requirement that he use an ignition interlock device. He based his challenge on the fact that theinterlock requirement, which was triggered by two DUI convictions which pre-dated Melanie’s Law by several years, violated his constitutional right to be free from “ex post facto” laws. The Massachusetts Appeals Court determined that holding a driver’s license is a privilege and not a right. It further determined that Melanie’s Law was constitutional and not an “ex post facto law.”

The Registry can legally go back into your record for your entire lifetime to find old DUI convictions, to determine the length of a driver’s OUI license suspension. It also can use those old OUI convictions to require any repeat OUI offender who is reinstating his or her license, as a result of OUI suspension, on or after January 1, 2006, to use the ignition interlock device during the term of any hardship license and for 2 years after getting a full license. These requirements have been judicially determined to be constitutional and enforceable.

If you have questions regarding how Melanie’s Law applies to your particular situation, please contactme for a free consultation and review if your case.