02/02/2012 at 6:00 am #176589590
Ok so my husband got a DWI before we met. That resulted in him having to have the monitech interlock system put on his car for 1 year. His year is almost up! The problem is he just received a letter in the mail today stating that his license is going to be suspended for 1 year because he violated the terms. Apparently they are trying to say he blew in the system while intoxicated. Which we both know is not true! Ok to start off let me explain what happened:
So Jan. 24th -25th he let his brother borrow his car so he could get to work. He also let him borrow it again on Jan. 30th-31st. Now to our knowledge he was ONLY using the car to get back and forth to work. He admitted he had a beer on the 24th but swears he did not even blow in the machine until the next morning around 11am on the 25th. Which would of been HOURS after that beer he had the night before.
We just got the letter today in the mail (FEB. 1st) It was postmarked Jan. 31st and took only 1 day to arrive. I know for a fact my husband did not drink any alcohol what so ever! So what do we do?! He has worked so hard for this not to mention he has paid so much money. We can’t afford to do all of this over again over something this stupid. We are both worried to death! I feel so bad for my husband because I feel like there is nothing I can do to help. What would you do in our situation? Who do we call or talk to about this? Everyone we have tried will not disclose any information. He has until the 10th of Feb. To turn in his license. HELP!
02/02/2012 at 6:37 am #176596483firefighter79Participant
Sorry to hear about your problems. I just got this dreaded thing a week ago, so I am still new to all of this. From what I have read, you can can should request a hearing and then take it from there. From what I understand hearings can be set anywhere from six weeks to six months. Good luck and God bless!
02/02/2012 at 3:22 pm #176596485Bliddy BohParticipant
I do not know much about the hearings but in all honesty I believe it is stated in the paperwork, in all the paperwork for all these interlocks, that if you borrow the car to someone that you still are responsible for it. Think twice about who you borrow the car to now family or not.
02/02/2012 at 3:32 pm #176596486
Ok so we got good news! We found out the exact day and time that it happened. We are still not sure why it would say he had alcohol in his system because he was at work at the time. His brother is clear and we feel bad for thinking it was even him to begin with. We are scheduling a hearing. My husband gets to keep his license and do everything normally until the hearing then if they do still end up taking away his license for a year he wont have to put the interlock back on his car ( Since he already pretty much had it on there the whole year). We feel relieved but at the same time we are not sure what to expect at the hearing. Not sure if we need an attorney either. I guess we will just see what happens in the months to come. Even though his brother had nothing to do with it like he said, we still feel its best to not let anyone else drive his car. Like you said Bliddy Boh, It’s his responsibly. Letting someone else drive your car is fine, but you must be careful and if something happens, well it all falls on you.
03/02/2012 at 2:19 am #176596488Aldo_RaineParticipant
I don’t mean to concern you, but this is my understanding of what would happen if the hearing doesn’t go favorably: your husband would lose his license for a year, and then have to have the interlock installed again for another year (the time he’s had it on his vehicle wouldn’t count).
Somebody had to have taken a test for the device to have registered alcohol, let alone indicate that a test had been attempted in the first place. It doesn’t just go off by itself (I had my issues with it, but it never came up that I had a fail for alcohol on a test that I had supposedly taken while I was at work). Who took the test, then?
I’d have my ducks in a row for the hearing. You might consider at least consulting with an attorney who has experience with DMV hearings.
Again, I don’t mean to worry you, but this is serious business, and it will go a long way with the DMV hearing officer if your husband makes it obvious to him/her that he takes it seriously.
Please thoroughly read this thread for some good information and firsthand experiences with hearings. I don’t know of a better resource on the internet to read up on dealings with Monitech/NCDMV.
[edit: Biddy Boh is right-there is language all over the contract with Monitech that readings are presumed to be those from the person to which the IID restriction was assigned]
03/02/2012 at 6:51 am #176596492
Well see the confusing part was that my husband never got a warning or anything at any point in time when he blew into the machine. It never said he had an alcohol reading and it never even “locked up” so to speak. That is why we were so confused! We both know he didn’t do anything wrong. He only has 1 month left until the device gets taken off. He waited 6 long years to get this put on his car because of financial issues, so with that being said he would never ever jeopardize this for himself. He doesn’t even drink anymore! In fact he has been alcohol free for 4 years! We were told the exact date when it supposedly happened though. It was on the same day and morning as his last monitech appointment! He worked the night before and there is no way he would be intoxicated. (He works third shift) So when he got off of work, he came home for a few minutes then it was off to the monitech appointment.
He told me today that the man at the monitech place accidently switched a part of the machine with a young female who was there at the same time, and he had to switch them both back out and put them on the correct cars. He told my husband that it would not affect anything at all and not to worry about it. Well now we are thinking what if it has something to do with this? We are going to talk to the man tomorrow about it and show him the letter.
My husband was told on the phone today that he needed to request the hearing. ( which he did) He can keep his license instead of turning them in on the 10th of Feb. And she told him to go about everything as he normally would until the hearing app. arrived. (Which she said could take up to a year) She also said that since he gets his machine off in a month, to go ahead and do so. She said that if his license still gets suspended at the hearing that he would just loose his license for a year and wouldn’t have to worry about putting the machine back on the car for a second time.
03/02/2012 at 12:30 pm #176596494tommy1Participant
If possible I’d consult with an attorney who handles these types of hearings and gather the details that you just described above and subpoena the individuals involved with the “switch”.
If you want some quick free legal advice, I’ve used http://www.aVvo.com , you will get good advice from attorneys in your area who are familiar with the law in your state and will point you in the right direction.
Best of luck to you and your husband.
03/02/2012 at 2:48 pm #176596496UNCLEDAVE2416Participant
ladi aldo is correct read the post and never let any one drive your vehicle that has a posability if drinking ,when you get your down loads always keep your copies safe if you moniter was switched the tech should have given you a copy or written letter about his mistake,never let any one in your vehicle drinking its to big a chance for you, my son almost lost his license again because his brother drove his car drank one beer while driving remember these things dont have cameras on them good luck i think you need to take his brother to the hearing Dave
13/02/2012 at 9:28 am #176596541IntegrityParticipant
Start writing letters online to Representatives of your state. All the information is previously posted. 6 months is long enough for first time offenders it’s to much money!!! Arizona changed it to 6 months in Dec. There is also an online petition. That’s the only way they will change the law.
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