12/09/2013 at 1:29 am #176589779
Hi Everyone – Has anyone encountered a situation (Arizona) where the Interlock Requirement does not come up in Police computer? I know someone who never got interlock after first DUI, yet has been stopped by police (driving without interlock) and had no questions asked. She just got charged with another DUI – same story – police found prior conviction but didn’t say a thing about never having fulfilled interlock requirement. Sounds to me like Motor Vehicles messed up and never suspended/revolked her license after the first one.
Her fear is that DA might find this if it goes to trial. (Felony for DUI without required interlock out here).
12/09/2013 at 1:32 pm #176597468
2nd DUI, she’s got bigger problems than whether device wasn’t on car.
First, making a DUI mistake more than once is a considered a big deal in most states. Get her a good attorney now. Is it a felony for 2nd DUI?
Second, it’s personally a big mistake. Either alcoholism, or some other reason why the person didn’t learn to get careful. It’s dangerous to drive drunk. And a big deal if you can’t learn from your mistakes on this.
Invest in a good handheld breathalyzer and use it from now on. Save the receipt to show the courts.
Have her call DMV and ask if there’s an interlock requirement on her account. If there is, it may show up for the court. If there isn’t, which may well be why the police didn’t notice, then they’re no requirement. The court will have any prior records of having to show up in court and get instructed in getting the device, so if that happened and she ignored it, the courts will know.
She can still survive this. But only if it’s finally the wakeup call, where she really starts getting the help she needs. 1) on the drinking and driving 2) on figuring out why she’s such a risk taker with the law – it’s not a matter of respect for the law – it’s a matter of respect for oneself. For that, there are counselors that can help. On the drinking, start attending AA meetings at least 2xs a week or more, so that by the time this all goes to court, she can say she’s serious about getting herself help.
She needs a good attorney, and to get one right away.
12/09/2013 at 2:59 pm #176597469
Thanks for the response – no doubt it’s ridiculous to be in that position. Her fear is poking into her record may set off a flag. If not this time, she’ll get a felony next time unless she changes.
I was fortunate enough to have been charged with Felony Resisting Arrest during my DUI – 16 hours in 4th Avenue Jail in Phoenix with guys looking at “20 to life” was all I needed. They never pursued resisting charge, but the experience was a brief look into what the consequences entail.
Oh, well, currently waiting for my son-in-law to deliver a car battery as my interlock says ‘low battery’ and car won’t start (acid all over terminals…) and wife can’t get to work. I work from home so my wife suffers for my crime – anyone just put the interlock in a junker and let it sit?
12/09/2013 at 6:12 pm #176597471
The devices record the amount of times the service appointments record the mileage. More often that not they will come back and possibly give you more time since they can basically say that you didint use it and used a different vehicle, etc….
12/09/2013 at 9:00 pm #176597473
Out here there is no mileage requirement. Some vendors actually have plans that include site visits for ‘calibration’ – basically you can put it in a car on blocks to satisfy the requirement. Of course that means no driving: driving sober without interlock is Class 1 Misdemeanor and dui without is a felony in AZ. Since I have no need to drive I’ll have it transferred to a piece of junk car and basically just bring it in for calibration. Tech at my vendor said one guy brings his car in with a tow truck.
Happy to report that I was able to replace battery this morning. I called support line and they said battery can be disconnected for up to 15 minutes. We did battery swap and car (and interlock) are functioning again. It really pays to call every interlock vendor (and get reviews) to find one that wants you to succeed. We had one ‘false positive’ of .024 on a rolling test and have had a base unit and a handset fail and vendor has been very supportive.
13/09/2013 at 1:36 pm #176597461
Double check the rules cause in some states you must have an interlock in every car registered to you. So the people with multiple cars can really get in a bind.
13/09/2013 at 7:55 pm #176597462
It’s unlikely your battery problem is from the interlock. So your wife isn’t paying. It’s just a battery that’s gone bad. Pain, but the usual life stuff for everyone.
Electronic equip hooked into the wiring, won’t cause the battery to spill acid. It could drain the battery but not boil it over while sitting. (If it’s draining the battery regularly, then the installation was done improperly.) After the new battery is in, if you go back to the battery installer, they can tell if the system is okay vs if something is problematic pretty easily (if they are at all decent). Just read the volts, resistence…readings will be normal or not.
03/10/2013 at 4:34 pm #176597474
I would think that the PO didn’t catch it, multiple possible reasons. I was pulled over for a speeding (45 in 55) several months ago and he didn’t ask about mine, although it was in my car and I had been blowing in it all day. After everything, I am not about to even attempt to drive illegally and even the speeding 10 mph over the limit was unusual for me.
IMO (I’m not a lawyer, this is a laymans opinion,) even if the judge does see it come up on DMV report, there was no charge, so it wont be addressed. Her getting her own report from the DMV will cost a little $, but this is a way she can be prepared with more information. I don’t believe it would raise flags; people get their reports all the time for various reasons.
I did put mine in a clunker car. The reason is that there are many accounts of the device causing electrical problems so I didn’t want to ruin a newer car. Also of course the device and all related to it is quite expensive and I don’t think I could afford a newer car until it is removed.
I have heard that DMV pays close attention to if the car is not being used, and will assume doggedly that the person is driving some other car. Which, is usually the case. I’ve read statistics that only about 1/4 those sentenced actually use them. In my life, I know of only two other people who drive them with in car. I don’t see how this is physically possible when I am around huge amounts of people in a large city and I would have heard many more alarms if people were using them. Statistics for alcoholism is 1 in 8-10 ppl. I do not know how this number translates to dui, but there must be a correlation, thus I should be hearing more alarms. I am talking about the initial horn, not if there is a missed test while driving.
With two dui’s she does need a lawyer. I would use a public defender, because even with an expensive “good” lawyer, she most likely still be convicted, and she is about to lose a great deal of money. There are a lot of good public defenders.
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