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Instruction 5.520, Criminal Model Jury Instructions for Use in the District Court

Failure to have ignition interlock device (G.L. c. 90, § 24S[a])

activein force · 2014-05-01 – presentas-observed

FAILURE TO HAVE IGNITION INTERLOCK DEVICE

G.L. c. 90, § 24S(a)

The defendant is charged with failing to have an ignition interlock

device.

In order to prove the defendant guilty of this offense, the

Commonwealth must prove four things beyond a reasonable doubt:

First: That the defendant operated a motor vehicle;

Second: That (he) (she) did so on a (public way) (place to which

members of the public have access as invitees or licensees);

Third: That the motor vehicle driven by the defendant was not

equipped with a certified functioning ignition interlock device; and

Fourth: That (his) (her) license to operate was restricted to operating

only vehicles with such a device.

At this point, the jury must be instructed on the definitions of “Operation of a Motor Vehicle”

(Instruction 3.200) and “Public W ay” (Instruction 3.280).

The term “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.

History

Instruction 5.520, Criminal Model Jury Instructions for Use in the District Court (Issued May 2014). Published by the Administrative Office of the District Court, District Court Department of the Trial Court, Commonwealth of Massachusetts, on www.mass.gov. © 1988-2009 Administrative Office of the District Court; reproduced under its title-page permission ("You may freely reproduce or copy this work if you identify its source and any changes made to the original work"). Source: https://www.mass.gov/doc/5520-failure-to-have-ignition-interlock-device-gl-c-90-ss-24sa/download. Changes made: the text is extracted from the published PDF (verified by three extraction engines); the running headers, page numbers and line layout are removed, and a closing NOTES section, where printed, is carried as the note.

Provenance

Source
mass.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
88bb10dab3eb98bc2b0e8cc5b8f58a58a0168781df021dc10a0bcd35a42f0d4d
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