Home Forums Drunk/Drugged Driving laws and enforcement interlock cause car accident

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    • #176589654

      I have read alot about the failing of a test with your iterrlock. My daughter got a dui in a parking lot. They had already called a cab and she was told she was parked illegally . She went to move the car and she got tagged. So she had to wait to go finish college and has worked all year to pay her eight thousand dollar debt. She has accepted her responsibilities and I have been super proud of her. On her way to couseling she was on the highway and the system required her to do a rolling test. Keep in mind to her left was a cement barrier and to her right major traffic. She has a huge fear of being in trouble so she does the test but the cord gets caught on her emergency break and dont forget you have to breath into he device for 6 secounds. In the process she got in an accident. Her car is history and her airbag did not deploy. She calls me screaming………..worst noise in the world. The police officer doesnt believe that they make them do rolling test so she shows him the paper work. He declares the interlock system a the cause of the accident. I called the Secretary of State to get some input on this situation and while on hold listen to all kinds of information how texting and driving is illegal yet the have people performing rolling tests on the highway. I get that people make mistakes but the worst danger my daughter has ever been in is since this machine has been put in her car. This device requires rolling tests every time she drives. It seems to me if they are going to require that type of test then they should be able to detect speed and only allow them at slow rates of speed.

    • #176596808
      Bliddy Boh

      What state and device does she have?

    • #176596811

      Michigan , American interlock

    • #176596812
      Bliddy Boh

      There is usually an allotted amount of time for the driver to be able to pull over to take a test.

    • #176596813

      there is always a grace period to take the test so that the driver can move to a “safer” speed and location. this info should have been given during orientation and training

    • #176596815

      During her training she was told not to do that unless the first test fails then to move off the road and take a secound one. Couple that with the fact that she is OCD and terrified of being in trouble again. Fear is a powerful weapon and she definatlyis a by the rules person kinda like me. When I called the American interlock and the Secetary of State the both said the same thing. “It is written in the hand book that we can perform a rolling test anytime”. They never spoke of a grace period.

    • #176596819
      Bliddy Boh

      The rolling test comes up randomly and then she has an specific amount of time to be able to pull over and take the test. It is written in paperwork, she should have been told by the installer, manuals, etc….
      The amount of time when I had the smart start was 6 mins. That was plenty of time to be able to pull over if I needed to and a couple times I had to.

      Nobody wants to get into trouble again when they have an interlock but you really do have to arm yourself with as much information as possible about your device and your specific state’s laws. You will feel much more comfortable afterwards.

    • #176596821

      Dear Karen,

      This is indeed a very sad story.

      At the time of installation they should have told your daughter that there is a grace period of X minutes for the rolling re-test.
      I guess they missed it.

      In my case (Drager-XT, NJ), the grace period is 5 minutes.
      I was shown a video at the time of installation which said that, when the IID asks for a rolling re-test, you should pull over to the side within 5 mins and take the test.
      But the technician told me that you can take the re-test while driving.
      They put that part (pull over) in the video just for liability purposes.

      Till this date (4 months into the IID), I’ve never pulled over to the side even once.
      I’ve been driving on the local roads, highways, interstate, everywhere without any problems.

      But just because I had no problems does not mean anything.
      Any body can get into an accident because the rolling re-test puts you in a panic mode.
      You have to typically give 3-4 tests per hour of driving.

      IMO they should just get rid of the re-tests.
      Instead just test before you start the car and test again when you turn off the ignition.
      But the law makers will argue that you will get totally drunk at a bar, have your hot girlfriend blow into it,
      then you’ll drive 25 miles (speeding & swerving) to your home and have your sweet wife blow into it :)


    • #176596823

      I can’t agree with you anymore about the texting and driving, there is so many other people to watch out for on the roads along with pedestrans, and if you don’t blow on the device correctly, or if your trying to concentrate more on the road, the unit sends the signal for the LIGHTS TO FLASH, & THE HORN TO KEEP BEEPING, while the other people around you think that you are signaling to them to either move over/ or just plain get out of your way. which in fact can cause “ROAD RAGE”.

    • #176596827
      John Marsh

      People who know they are drunk behind the wheel, and actually go out of their way to drive, should be held accountable for their recklessness. An interlock device also randomly administers breath tests while a car is in operation, called a rolling test, to make sure a driver is not drinking while driving. Finally, the devices take a picture of the person taking the test to prevent another person from starting the car.

    • #176596831
      Bliddy Boh

      not all take pictures

    • #176596832

      We talked with a lawyer whom basically said alot about what people have said about if you get the dui you have to pay. I have said that the dui is one of the best things that happened to her. I cant help but wonder, my daughter got into an accident because of the interlock and she is ok. Yep we had to deal with the loss of her car so what they can be replaced. She is lucky because the police officer spoke up for her .The biggest blessing is she was not hurt. She is not going to drive until her sentence is done because who the heck wants to see them back in the same situation where she could panic and have it happen again. Dont you wonder if there are people that have had the same situation happen and not walk away. You would never know because its not like interlock is going to call the family and inform them that they when there family member had there fatal accident they just so happened to be performing a test for them. I think the law needs to be revisited. I am sure the goal is to keep all people on the road safe. As far as the grace period goes even the lawyer knows the game. If you wait no matter what the reason it will be reported to your probation officer{ at least in Michigan it will be}.

    • #176597101

      Karen, I am collecting people and information about this problem with the Interlock devices. I am looking into starting a class action lawsuit and my attorney told me to start collecting information. I will start a facebook or twitter page as well.
      Would you help by telling me who was your lawyer, the police department, accident report or any type of information that will be helpful.

      Please email me at katzmatz@ymail.com

    • #176597116

      One thing I don’t understand is how individuals can make comments like, you have a grace period to do a rolling test and did she read the manual. These comment point the finger toward her. Obviously we have a problem with the system. The cop understood and noted it as such. Have you ever diven on a busy highway, if so you know how unsafe it is to change lanes very mind slowing down. You can not use the emergencey land. It’s for emergencies. Do you know how far you travel in 6 second at 65 mph. Do the math you’ll be surprised. Rather than pointing fingers at someone triing to comply. Look at the obvious first.

    • #176597117
      Bliddy Boh

      I had my interlock while I took a 1500 mile road trip. It was 2 weeks after I got it installed. There was a learning curve but you get over it.
      Also, yes, you have plenty of time to pull over.

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