22/06/2012 at 1:34 pm #176589650
My daughter was convicted of DUI June 9, 2011. She got permission to drive and Monotech device installed July 25, 2011.
She is almost through with the whole thing. She found out this week she should have gotten a temporary license June 9, 2012.
She went to the DMV 6/21 and found she needed to take a road test but she hadn’t driven her car because she thought she shouldn’t be driving. She schedule a driving test for 6/25. They told her she has lost credit for the time from 6/9 to 6/25 because she failed to get this temporary license. So I guess she will have to keep the Monotech device for at least 16 days longer (and pay them more of course).
We are are disappointed in our attorney for telling us nothing of this temporary license. Neither the court or DMV notified us of any of this.
If my daughter had not began calling the DMV we would not have known at all. Has anyone been through all this? How did you find out how to do everything? Did anyone have to take a road test?
25/06/2012 at 2:20 am #176596788
I am not a lawyer, so keep that in mind, but in the case of a first time, adult age, high BAC DUI (assuming this is the case with your daughter), the 1-year license suspension is going to begin on the conviction date. With no other complications (other than the interlock), there should be no ‘temporary license’ after the suspension expires. If anything, you daughter would get her license back after her suspension is up with a restriction for the interlock until a year with it has passed since it was installed, which would be a few weeks (often 45 days) after getting the license back. Maybe that’s what the people you’ve dealt with mean by ‘temporary license;’ the ‘temporary’ aspect of it is the temporary restriction for the interlock. After the interlock gets removed (and Monitech staff are going to prefer you bring them a license with the interlock restriction end date on the back of it to verify the de-installation is a go), you head back to the DMV to get the interlock restriction removed from the license.
Her conviction date and interlock installation look to be about 45 days apart, which is par for the course because you’re not allowed to drive at all for 45 days following your conviction. The interlock would need to be installed after that period (often the day after) to have a limited driving privilege.
For whatever reason, I’ve heard of people with license suspensions from DUIs having to take any number of the DMV driver license tests (mainly vision and driving) to get their license back when the time comes. A driving test is apparently not uncommon. I wouldn’t worry about it other than the very brief hassle it imposes.
Good luck getting any customer service whatsoever from your attorney following your conviction/after you’ve paid his or her fees. Their case loads are massive and they just don’t have time to attend to everyone’s questions, unfortunately.
Hope this helps.
25/06/2012 at 1:16 pm #176596789
I am thinking this is a new law for this year. On her last Monotech appoinment (May 2012) the technician warned her about getting this temporary license in June. However neither the lawyer or DMV would give us info on what was suppose to happen over the phone.
Here is the sequence again – convicted June 9, 2011 – permission to drive from the court and interlock device July 25, 2011.
She was suppose to get a new restricted or temporary license June 9, 2012 – one year from conviction date. The restriction
being I assume completing the month and a half of interlock on her car. July 25, 2012 would then complete one year with Monotech
and then an unrestricted license.
She will try to pass the driving test this week but the DMV is telling her they will not count the time from June 9 until that happens. Meaning she will end up having the interlock on longer then necessary.
It is all a paper work and date thing. The interlock is still on her car and she is still driving it. But this seems to be the way it works now.
And we never got any warning or notice from our lawyer or DMV that any of this was suppose to happen.
I will let you all know how it plays out.
25/06/2012 at 8:39 pm #176596790
I had not heard of having to get a temporary license following the 1-year suspension (from conviction date) so that is news to me. I would call the DMV and see what direction they have to give. Sorry-it’s a hassle.
26/06/2012 at 1:27 pm #176596791
i am thinking where we messed up was we thought we did nothing until one year from the “permission to drive” date and had the interlock taken off.. We should have been talking to the DMV one year from the conviction date or even before.
My daughter got a “Fail” 6 weeks ago. Her read out said she blew a .04. It was 10 am on her way to work after a nights sleep. From reading through your posts, I am thinking nothing will come of it. We have our fingers crossed.
Thanks for keeping up the forum. It is a big help.
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