Home Forums Drunk/Drugged Driving laws and enforcement Week's Notice of NCDL Suspension for Technical Issue in Feb?? Re: Week’s Notice of NCDL Suspension for Technical Issue in Feb??

#176597300

janelle1010
Participant

I have gone over this so many times and I cannot come up with $1500 without putting a strain on our family’s finances. Just got my paperwork today from Monitech. The day we went in for that service check when the device went crazy is the date of the non-compliance report. Under reason it says:

Vehicle Off Test Ignored
RUNNING TEST REVIEW, BAC: 0.011, Event Date: 2/7/2013 5:28:34 PM
RUNNING TEST REVIEW, BAC: 0.01, Event Date 2/8/2013 5:31:10 AM

I have no idea what to make of this- 5:30 in the morning is when my husband leaves for work, 5:30 in the evening is when he comes home. They’ve had mandatory overtime for I don’t know how long. And my husband doesn’t drink at all. I know it doesn’t matter to the DMV who was driving the car and I don’t plan to try to argue or prove that my husband had the car, but I don’t know how to defend myself against a running test of .01 if obviously the test to start the car didn’t register anything. It doesn’t even tell me what the tests before and after show so they look like isolated incidents that happened after the car started without detecting anything at all. I know it will start if the BAC is low enough but if there was anything the device detected, I would think it would be listed here.

And what does “Vehicle Off Test Ignored” mean? We definitely never ignore a test. I’ve pulled over on the side of the road many, many times to do the start tests where you have to turn the car off and then test again to get going. We don’t ever ignore a running test or anything having to do with the device. I am terrified of losing my license. This is more stress than I can handle. I have a chronic illness, I have two toddlers so I’ve always got a doctor’s appointment to go to. And if they take my license for a year and then put this thing back on my car for another three, what’s to keep me from complying for over a year like I have now and something like this happening again?

Does the DMV recognize the margin of error and do they take it into consideration? I would think so, but if they do, why are they calling me in? I don’t understand why it’s not obvious that this was not a case of drunk driving. If anybody can help me with any of these questions I would be very grateful. Thanks.