Home Forums Drunk/Drugged Driving laws and enforcement petition to repeal 0.00 or less for repeat offender’s in North Carolina Re: petition to repeal 0.00 or less for repeat offender’s in North Carolina

#176596761

jsheppard
Participant

In 2009, I got a dui for a .09, unfortunatley it was my second in 7 years (6yrs and 7 months to be exact) which was also a .09. I lost my license for a year, did 7 days in jail and last may had the monitech interlock installed in my car.
I continued in my normal daily routines, if anything changed, it was for the better. I will admit there were nights that I went out and had some drinks but nothing to crazy in fear that I might have a fail. There were occations 5 in 7 months that I had warnings, at which time I waited and tried later. Upon recieving a green light, I proceded to drive. To my knowledge everything was fine, my sheets recieved from the monitech technician only showed my warnings, no high fails, fails, illegal drive times, violations, NOTHING!!!
In Jan of this year I was told to fill out a sheet to explain why I had a high blow on a couple of rolling test. I honestly couldn’t explain it because, I was never at anytime given an indication that these had occured. Well 2 months later, the same thing. I then recieved a letter from the DMV about the possible suspension of my license for another year. Not knowing that I was allowed to have an attorney present, I went to the hearing anyway…Big Mistake. Since then I have recieved 4 letters from the DMV stating that my license will be suspended for another year and I CAN’T request another hearing, but also another stating that my license is scheduled for suspension for the same time as the previous, but I CAN request a hearing. Not sure what’s going on here, but if they are already suspending my license, what’s the point?
My problem with this is as follows… I have a .00 tolerance on my license, and since having this bs occur, I have learned that your car, will allow you to start it as long as you don’t blow a .019 or higher. When my box was installed, the tech told us, “that it was recomended to wait 24hrs before you try to drive, but it basically works out to you having to wait 1hr per 12oz beer or 1oz shot.” The fact that you can still start your car at .019 or lower and you may run the risk of a non-compiance was never mentioned. He stated that simply put, “it’s like a stop light, green means you’re ok, yellow means you need to wait, and red mean you fail.” Also none of us at any point were given any sheet or told specifically the 75 plus food/drinks etc, that could calls a high reading. After reading through the manual again yesterday, I also learned that if you have a warning, you can actually hit the power button and by-pass it and drive. Each of the total 8 times that I have had a warning, I have waited until I got a pass, before I drove, because to my knowledge, I was free of alcohol. Never at anytime did I opt to by-pass the warning and drive. Now if this is the case and you do, run a risk of a non-compliance, shouldn’t you be informed and cautioned on the consequences?
I have since spoked to 2 attorneys, both of which say that I can appeal it to superior court, but one which is well respected, saying that it was gonna be a tough one to fight because I have no defense. Not to mention that if I do appeal it, it could cost anywhere from $2500-$4000. Well I don’t understand why I don’t have a defense. 1. I was never properly informed of every specific detail of how this machine works or the consequences. 2. I never tried to by-pass the warning and drive, I waited as I was told, when I got a pass, I thought I was ok and drove. 3. Never at anytime during any rolling test was I giving a notice by a yellow light, or siren that I had a high blow. 4. After speaking to several law enforcement officers, attorneys, and having my hearing with the DMV Hearing Officer, all stated that there was something wrong with this, and the Hearing Officer even stated that the Commisioner was looking into it. If this many people holding the positions that they do, see that there is a problem, then why is nothing being done to fix it. All the technology we have in the world, and they cant develope a device that’s technology isn’t 30 years old, that will work properly and prevent those who have no care in the world from driving, but at the same time protect those like us who try to do right from getting punished for some non-sense? I’m all for joining a group signing a petition or whatever!!! LET ME KNOW WHERE TO SIGN UP!!!
One more thing, Rosa Parks didn’t have much of a defense either, and we all know how for the better that worked out. Don’t even get me started on O.J.!!! I really think no matter what, I am gonna fight this if for nothing more that to make the DMV realize there is a problem and many people are suffering terrible consequences, because they choose to rely on a technology that is outdated, and they know it. I don’t wanna make anyone look bad, and I’m totally against drinking and driving, but come on!!! My situation, sounds very similar to the many posts that I have read, and I just dont think it’s fair that myself or anyone else should lose there license again for this.