Home Forums North Carolina Motorists Issues Help with violation

This topic contains 18 replies, has 16 voices, and was last updated by  suburu 4 years, 7 months ago.

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  • #176589673

    Anonymous

    I am looking for info on violation. I have had two in the past 3 months. Not going into the long details now but am trying to get info on DMV letters etc. I was told if you did not get a letter a week from the violation calibration that you did not have to worry. Now I have read past reposts that people have gotten letters months later. These were not recent so maybe things have changed. Anyone with any first hand experience that could share it would be greatly appreciated :)-D

  • #176591510

    Anonymous

    sorry forgot to say in NC

  • #176596916

    jes 71
    Participant

    sorry forgot to say in NC

  • #176591534

    Anonymous

    what kind of fail did you fill out a statement at monitec about what caused it,and how long do u have to have your unit

  • #176596940

    UNCLEDAVE2416
    Participant

    what kind of fail did you fill out a statement at monitec about what caused it,and how long do u have to have your unit

  • #176591699

    Anonymous

    This is what MA states from a lawyer:

    In Massachusetts, the Registry of Motor Vehicles does not suspend for initial start violations. I’ve handled a few “cough medicine” cases where the cough medicine which contained alcohol resulted in rolling re-test violations. I’ve brought the bottle of cough medicine to the hearing and submitted a copy of the label as an exhibit. I was able to show that the alcohol readings were the result of “mouth alcohol” instead of alcohol in “deep lung air” which is indicative of alcohol in the bloodstream. You should document everything in the event that you get called in for an ignition interlock violation hearing.

    Attorney Brian E. Simoneau

    161 Worcester Road, Suite 200

    Framingham, MA 01701

    508-656-0057

    508-302-0212 (fax)

    [www.rmvlawyer.com]

    [hardshiplicenselawyer.com]

    E-mail: brian@simoneau.com

  • #176597105

    wtf peeps
    Participant

    This is what MA states from a lawyer:

    In Massachusetts, the Registry of Motor Vehicles does not suspend for initial start violations. I’ve handled a few “cough medicine” cases where the cough medicine which contained alcohol resulted in rolling re-test violations. I’ve brought the bottle of cough medicine to the hearing and submitted a copy of the label as an exhibit. I was able to show that the alcohol readings were the result of “mouth alcohol” instead of alcohol in “deep lung air” which is indicative of alcohol in the bloodstream. You should document everything in the event that you get called in for an ignition interlock violation hearing.

    Attorney Brian E. Simoneau

    161 Worcester Road, Suite 200

    Framingham, MA 01701

    508-656-0057

    508-302-0212 (fax)

    [www.rmvlawyer.com]

    [hardshiplicenselawyer.com]

    E-mail: brian@simoneau.com

  • #176591702

    Anonymous

    Jes 71,
    The people that you heard that received them a long time after were probably from some time ago. Now the DMV seems to be back on the ball and keeping up with the reports. This is not to say that they will not still call you in for a hearing, but they will definitley let you know what’s going on. Another good tip would be to make sure that the DMV has the correct address so that IF they were to send you anything, that you would actually get it. We do recommend that you take a sip of water before you blow into the unit every time. This will remove any foreign food residue from your mouth. If you have any other questions please feel free to ask your technician or call in at anytime.

  • #176597108

    meinnc
    Participant

    Jes 71,
    The people that you heard that received them a long time after were probably from some time ago. Now the DMV seems to be back on the ball and keeping up with the reports. This is not to say that they will not still call you in for a hearing, but they will definitley let you know what’s going on. Another good tip would be to make sure that the DMV has the correct address so that IF they were to send you anything, that you would actually get it. We do recommend that you take a sip of water before you blow into the unit every time. This will remove any foreign food residue from your mouth. If you have any other questions please feel free to ask your technician or call in at anytime.

  • #176591705

    Anonymous

    i don’t think she understands what a violation is.

    in massachusetts it is this in definition:

    25.10 Ignition Interlock Violations (IID Violations) – An Ignition Interlock Violation consists of any of the following:

    (a) Any evidence of operating a motor vehicle without an Ignition Interlock Device;

    (b) Soliciting or allowing any other person to blow into an Ignition Interlock Device, or to start an IID-equipped vehicle for the purpose of providing the person so restricted with an operable motor vehicle;

    (c) Using any means other than blowing a breath directly from the operator’s mouth into the device, in order to supply an air sample to the device;

    8

    (d) An attempt to Tamper with or Circumvent the IID;

    (e) A Failed Rolling Re-test in which the operator’s BAC registered at or above .05;

    (f) Two Failed Rolling Re-tests within one Service Period in which the operator’s BAC registered between .02 and .05;

    (g) Two Lockouts due to Missed Rolling Re-tests;

    (h) Two missed Service Visits.

  • #176597111

    wtf peeps
    Participant

    i don’t think she understands what a violation is.

    in massachusetts it is this in definition:

    25.10 Ignition Interlock Violations (IID Violations) – An Ignition Interlock Violation consists of any of the following:

    (a) Any evidence of operating a motor vehicle without an Ignition Interlock Device;

    (b) Soliciting or allowing any other person to blow into an Ignition Interlock Device, or to start an IID-equipped vehicle for the purpose of providing the person so restricted with an operable motor vehicle;

    (c) Using any means other than blowing a breath directly from the operator’s mouth into the device, in order to supply an air sample to the device;

    8

    (d) An attempt to Tamper with or Circumvent the IID;

    (e) A Failed Rolling Re-test in which the operator’s BAC registered at or above .05;

    (f) Two Failed Rolling Re-tests within one Service Period in which the operator’s BAC registered between .02 and .05;

    (g) Two Lockouts due to Missed Rolling Re-tests;

    (h) Two missed Service Visits.

  • #176591778

    Anonymous

    I live in Virginia, i failed my start up test several times and was given a five min. lockout. on three occassions i left the car and tried a few hours later, then passed. Pizza was one on lunch break. High BAC what is that lock out time, wouldnt that be a longer time?

  • #176597184

    God please help me
    Participant

    I live in Virginia, i failed my start up test several times and was given a five min. lockout. on three occassions i left the car and tried a few hours later, then passed. Pizza was one on lunch break. High BAC what is that lock out time, wouldnt that be a longer time?

  • #176591779

    Anonymous

    I think it depends on what ‘program’ you are on. I am not an attorney, so what I’m saying here should be taken with a grain of salt. My understanding is that if you are on a restricted license and you have to fill out non-compliance paperwork at your Monitech appointment that you will receive a hearing notice at some point. If you are on a limited privilege (via court) you may not, probably won’t, receive anything until the end of your 1 year period. My understanding is that the DMV doesn’t have the authority to remove your limited driving privilege. Only the court can do that, and I don’t think the court cares, unless maybe you fail a rolling test, since that would clearly violate the terms of your privilege. After all, the DMV can’t suspend your license if you’re already suspended. If you are on a limited privilege and doing your interlock sentence concurrently, and have fails, my understanding is that you won’t hear about them until your year is up, at which time they will pull your license and call you in for a hearing. Keep in mind that this program is mostly, in my opinion, about behavior modification. They want to see that you are not a threat to the motoring public. As far as I can tell, if you are a first time offender that helps a lot. Just keep in mind that NC is continually getting more strict about DWI’s, and there are bills right now to try to get anyone with a DWI, even a first offense at .08 or above to get an interlock for a year. They aren’t screwing around.

    If you must drink, get an accurate breathylizer, and take the readings with a grain of salt. Learn how to use it properly and realize it can be off – so even if you are blowing zeros still wait an hour or two before you blow into your unit. The new device is actually pretty sophisticated and quite accurate. Which I think is why the DMV has significantly lowered the limits for warns and fails.

    Hope that helps. Good luck.

  • #176597185

    JudgeSmales
    Participant

    I think it depends on what ‘program’ you are on. I am not an attorney, so what I’m saying here should be taken with a grain of salt. My understanding is that if you are on a restricted license and you have to fill out non-compliance paperwork at your Monitech appointment that you will receive a hearing notice at some point. If you are on a limited privilege (via court) you may not, probably won’t, receive anything until the end of your 1 year period. My understanding is that the DMV doesn’t have the authority to remove your limited driving privilege. Only the court can do that, and I don’t think the court cares, unless maybe you fail a rolling test, since that would clearly violate the terms of your privilege. After all, the DMV can’t suspend your license if you’re already suspended. If you are on a limited privilege and doing your interlock sentence concurrently, and have fails, my understanding is that you won’t hear about them until your year is up, at which time they will pull your license and call you in for a hearing. Keep in mind that this program is mostly, in my opinion, about behavior modification. They want to see that you are not a threat to the motoring public. As far as I can tell, if you are a first time offender that helps a lot. Just keep in mind that NC is continually getting more strict about DWI’s, and there are bills right now to try to get anyone with a DWI, even a first offense at .08 or above to get an interlock for a year. They aren’t screwing around.

    If you must drink, get an accurate breathylizer, and take the readings with a grain of salt. Learn how to use it properly and realize it can be off – so even if you are blowing zeros still wait an hour or two before you blow into your unit. The new device is actually pretty sophisticated and quite accurate. Which I think is why the DMV has significantly lowered the limits for warns and fails.

    Hope that helps. Good luck.

  • #176591780

    Anonymous

    I wanted to know the same thing. I asked my case manager and she said she can’t tell me anything until my unit is calibrated and she gets the report. I can tell you that I figured out what mine was, antifreeze in the car. I didn’t know it was in there but I had been noticing a strange smell every time I went anywhere. per the Draeger tech who checked it out, he said remove all chemicals and such from the car because if they leak, the fumes build up in the machine and it can cause a positive test. However, mine failed exactly as yours did, but after the 5 minutes I passed, and passed again shortly there after. This apparently was after my car had aired out. Be careful what you leave in your car, and I don’t care what anyone says, I would not eat anything about an hour or so before having to go anywhere. The machine is really sensitive.

  • #176597186

    ellekat19
    Participant

    I wanted to know the same thing. I asked my case manager and she said she can’t tell me anything until my unit is calibrated and she gets the report. I can tell you that I figured out what mine was, antifreeze in the car. I didn’t know it was in there but I had been noticing a strange smell every time I went anywhere. per the Draeger tech who checked it out, he said remove all chemicals and such from the car because if they leak, the fumes build up in the machine and it can cause a positive test. However, mine failed exactly as yours did, but after the 5 minutes I passed, and passed again shortly there after. This apparently was after my car had aired out. Be careful what you leave in your car, and I don’t care what anyone says, I would not eat anything about an hour or so before having to go anywhere. The machine is really sensitive.

  • #176591795

    Anonymous

    one fail any test is a violation in NC

  • #176597201

    suburu
    Participant

    one fail any test is a violation in NC

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