Home Forums Drunk/Drugged Driving laws and enforcement petition to repeal 0.00 or less for repeat offender’s in North Carolina

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    • #176589611

      To All repeat Offender’s and anyone likely to become a repeat offender. The threshold in NC as we all know is 0.00 which means… The DMV is suppost to be giving you another chance, with Monitech as thier right arm, so to speak.

      First time Offender’s have a Threshhold of .0.04, before they have to fill ouit a compliance report and OVER 0.02 I believe for second time Offender’s.

      As we all know this Trigger’s a compliance hearing and a possible REsuspension, with 4 years to wait ..for permanent Revocation clients with a threshold of 0.00 tolerance level.

      This Affects all of us on here who live in NORTH CAROLINA! If you make a mistake you will end up moving from the “big boat to the dingy, So to Speak”
      Within that 0.00 Tolerance level, wich is the whole reason I am posting this!

      If you have this interlock for 3 years or Over I say it is almost IMPOSSIBLE to make it through your Program without PROBABLE RESUSPENSION FOR 4 MORE YEARS!!!

      NORTH CAROLINA has the lowest threshhold at 0.00 af ANY STATE IN OUR COUNTRY.. Now what causes a FALSE POSITIVE OF LESS THAN 0.02?

      Any Fruit; Orange’s,Lemons, limes, pineapple,grapefruit,,pomegranites./ any fruits. High Energy drinks. MONSTER, Red Bull, Tea w/ lemon,

      BREAD PRODUCT’S: DUE TO YEAST. Pastries, honey buns, danishes, donuts, any type of buns pizza dough, OF course the obvious mouthwash.

      Menthol cigarettes, breath mints, hair sprays,hand sanitizer’s, gas products, airb freshener’s . Spicy foods due to Acid reflux and esphagus problems. I KNOW their are MANY MORE REASONS TO CAUSE A DETECTION.. THAT WE DON’T EVEN UNDERSTAND OR KNOW ABOUT!!!!


      Any officials responsible for setting threshold!!!! Top DMV officials, STATE CONGRESSMAN, ATTORNEY GENERAL, THE WEALTHY MR. James Mobley who invented this device, OWNS Monitech, and has a Monopoly being the only interlock company in NORTH CAROLINA.

      We all know the machine could SAY if you blew less than 0.02 ” POSSIBLE MOUTH CONTAMINATES DETECTED PLEASE WRINSE, HOLD THE TRIGGER AND TRY AGAIN” Instead WE Face A Compliance Hearing and possibly 4 MORE YEARS!!!!!!! No License!!!!

      This however will not do any good unless CAROLINA saiid ” OK MACHINE IS FULL OF FALSE POSITIVE POSSIBILITIES” ” Let’s be reasonable and give these multiple OFFENDER’S a fighting chance to make it through a 3, 4, or 7, year interlock period”

      EVERYONE knows the power of the INFORMATION SUPER HIGHYWAY BEING THE INTERNET AND THE VOICES THAT CAN BE HEARD THROUGH IT ! We need to start a online petiton popssibly on another site or this one. Get thousands of signatures, and send to these folks whom are setting the threshold at 0.00 I honestly don’t believe THEY COULD MAKE IT THROUGH THE 3,4,7 YEAR PROGRAM!

      We need to find out the PERCENTAGE who actully make it through! IF WE GET OUR FACTS TOGETHER , GET THE ATTENTION OF THOSE WHO INSTITUTED THIS FAILED THRESHHOLD, ” Especially if they are “ELECTED OFFICIALS” AND get THOUSAND’S of signatures We can change the INJUSTICE THAT IS TRULY TAKING PLACE!!!!!!!! I am a recovering Alcoholic, But I will always be a alcoholic, ONE DAY at a time.!

      I do know one thing . I am no Dummy. Most Alcoholics are pretty smart, recovering or not. I also KNOW with a large enough PETITION The voices of Carolinians CAN BE HEARD.

      Amazingly if you move out of this state, THE INTERLOCK PERIOD IS OVER! This Threshhold 0.00 hurt’s the state Government FINANCIALLY! People will move, People will without a license will not contribute to income tax base, no car taxes, registration fee’s, inspection fee’s ….gas taxes, and on…..

      Now we are talkingt Money! Do you think that might wake up some of these “DECISION MAKERS” Especially Politicians! The Governor! who always has A SHORTFALL IN THE BUDGET. I need someone to help me further this cause! Help me start a Petition! Less than 0.02 is a mouth contaminate! Reasonable folks understand this…

      Now the QUESTION IS What are we going to do about it ?

    • #176596584

      I do agree the 0.00 is to high for a simple fail or warning mont of my warnings were for well below .01 lets do a petition

    • #176596593

      I am all for a petition, I go up for my license March 13th and if I am fortunate enough to have the priviledge to get my license back; I dread this monster of a machine. My husband had the machine for 3 years and was so aggravated with the fails and knowing he hadnt touched a drop of alcohol still failing the darn thang. He was calling monatech all the tiime with problems to cover his tail freaking out during this process and dreading the mail when it came. He had a month left for the machine and received a letter that his license priviledge was suspended and had been suspended for a month or so and didnt know it and was driving still. He called the hearing officer and told her he had just received this letter and that the letter must had been sent elsewhere before he got it and didnt know he had been suspended and it was now time for the machine to be taken off, luckily she was a very concerned lady about this problem and must have been dealing with alot of people over this situation and made him another appointment and she requested it to be removed when he went to see her. He had to deal with the machine a few more weeks when it was supposed to have been taken off sooner. It was a nightmare for him but finally ended and he has been without this monster for a year now and now I soon may be facing this situation if she gives me my license back next week. Something needs to be done and even if I dont get them back this time around I will still sign a petition on this matter because I will evenually get them back I wont stop trying until I do. Charlene

    • #176596594

      First of all The blow machine DOES NOT TELL YOU…….. you have failed if it is less than 0.02 over 75 ITEMS OR CONTAMINATES Will cause a reading!
      Multiple Offender’s 2 dui’s or more get compliance hearing’s and eventual resuspension!!

      Now, We need to find out WHO to PETITON!

      WE NEED TO GET THIS INFO on another site where it can be SEEN! I STUMBLED across this website, and WE would never obtain ENOUGH SIGNATURES TO GET ANY ATTENTION!

      Listen Carolinian’s… You may not be a mutliple Offender yet. YOUR Threshhold may be 0.04 Right now, But LOOK OUT.! The New Law is…. any DUI is now required to have the blow machine as of 1/1/2012

      What does this mean ? How might this effect me? Monitech is the only company that provide’s these machines. THEY are hiring A ton more employee’s to service these machines!

      DMV Will have to hire a ton more hearing officer’s! More cost’s for each agency!! Where will the money come from to pay for all these new hires?

      YOU! Monitech will raise the lease price! UNFORTUNATELY TO AVOID THE COST’S……. The DMV will start suspending license like A KID IN A CANDY STORE!

      The common sense approach would be to say ok.. 0.02 or less with 0.00 blown before A FALSE READING and then 0.00 after that FALSE READING is a MOUTH CONTAMINATE.!

      MULTIPLE OFFENDER’S would not get a letter from a compliance hearing officer, and would have a fighting chance during thier 3, 4 ,or 7 year period…

      Dmv will take the CHEAPEST approach And the harshest ! They will suspend a lot more license’s! Even though it is not in thier financial interest! They will take the position that We are the Disease! Not the Alcohol…………

      #1 We will need to get the attention of every Carolinian we can who has had a Dui Multiple offender or not!
      #2 WE HAVE TO put this Dicussion on a site that can be found, Gain some attention!!! I stumbled on this site!
      #3 We have to FIND out Who , being….. person’s, committee, politician’s, Who created a system that is amost impossible tto make it through!
      #4 We need to outline why it is a benefit to the STATE to Not have the LOWEST Threshhold in the Country! This would be…. effects to unemployment, gas tax losses, State tax revenue’s, So many other Socioeconomic reasons!!! Families, kids. ON AND ON

      #5 We need to outline the fallability of the equipment we have to use, and the MANY many way’s it will cause a false reading!

      #6 We need a ADVOCATE!!! This could be any RECOGNIZABLE figure to speak on our behalf with the Petition!!!!!!
      This could also be the most successsful DUI Attorney in the state of North Carolina!
      #7 Money!!!!!!!!!!!!! FIVE Thousand People at $20.00 is One Hundred Thousand Dollar’s Ten Thousand People at $ 20.00 is TWO HUNDRED THOUSAND DOLLAR’S. You know the old saying” Money talks …….. Walks ” In our case Literally!

      # Set up a Trust with a Legal spokesperson Or Lawyer who will argue on our behalf to the Folk’s who said YEAH we will give multiple OFFENDER’S a chance but through ignorance or indifference…… know it is probably 20% chance that folk’s will make it 3 years with this machine. The machine has TOO MANY OTHER THING’S THAT SHOW A LOW FALSE READING!!!!!@!!!!!!!!!!

      I need someone to take up this mantle,, Set up a forum without shame, right in the center of the North Carolina public eye! Nationwide for that matter.

      My $20.00 is in and if we can get this plane off the runway, a lot more!

      Again I do not know how to set up say…. a facebook.. or twitter page,… on a computer Even Youtube!
      How do we get the attention Of the Tens of thousands who have gotten DUI’S in North Carolina?

      I responded to an article A while back on Monitech and other companies suing them to get a piece of the blow machine pie.

      He ask me for a on camera interview WXII Channel 12 news out of Raleigh. In think I will try to get a hold of him and do the interview if he is still interested.

      Now the question is what are the rest of us going to do??? The ACLU MIGHT BE INTERESTED. Until I hear some idea’s and we can move forward .. Take care,,, bliow hard and blow clean Rinse First!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    • #176596595

      Uncle Dave a 0.01 to a 0.019 is less than two percent% The Current Dui level is 0.08 BIG DIFFERENCE!!

    • #176596645

      soberuser216 Wrote:

      > Amazingly if you move out of this state, THE

      Would you please supply your source for the bit about moving out of NC to another state?
      I ask because I have a job offer in Florida. I don’t really like Fl, but if moving would cancel my interlock requirement, that would certainly give me a stronger will to move down there and take the job.

      I’ll support your cause. After reading here many reports of false positives with these IID’s, I am concerned myself. I do not drink and haven’t in many years. I am going to be very careful about anything I eat and I’m not going to use toothpaste (I use baking soda to brush with) and no mouthwash, etc.
      Still, with so many things that can cause a low reading, I am worried. I too have a 3 year, 0.00 requirement.

      So if you do put up an online petition, I will sign it. I don’t know how to go about doing it either. You should contact the media, since you were given the opportunity to do so before. Maybe they can give you advice on how to proceed.

      Good luck and please keep us posted :)

    • #176596647

      Here in North Carolina , The day the hearing officer restored my Conditional Restoration, he stated.. If you move out of state, and BEFORE you move out of state, Call Wendy Robbins in Raleigh at the DMV 919- 861- 3218

      She is in the “Hearing section….” Explain you are leaving state jurisdiction. You will be free to have it removed because you are no longer under the jurisdiction of the state of North Carolina. Clean fresh start.. She should help fascilitate a clean start… Other states cannot impose Carolina laws that were not committed in there state.

      You will NOT be able to Travel back into the state of North Carolina until the 3 years has expired as required by the courts in this state. kinda like being on a light probation, if you move, the probation, is no longer valid in another state. Reenter the state and violate, it reappears…… In this case reenter without the blow machine…

      Good luck , We all need it……. with a computer, mechanized, secret technological, breath meter… that produces so many false positives.

    • #176596651

      Thank you very much. I have written down her name and number.
      I wish I had of known this before they butchered my wiring when installing the thing. My fault entirely, as I simply hadn’t read this thread before, even though I have been on this site since learning in January that I was going to have to have the IID. Oh well, live and learn. I’ll probably move and take that job and replace my steering column wiring once I am settled in down there. Like I said, I don’t really like Fl., but would rather put up with an environment I don’t like very much, than a machine that scares me to death. LOL, I rode my bicycle to the store today, because I didn’t want to mess with the IID. And I really do not drink at all. I could fill a courthouse full of people to testify to that fact. One of my witnesses at my hearing was a police officer for 8 years and involved in local government for 30.
      I could kick myself really. When I was offered the job, I thought about calling Fl. DMV to ask them what their laws were concerning my license. I just didn’t, thinking I would still be required to have the IID no matter what. I had Fl. license years ago. I even had to get a letter from Fl. DMV last year when setting up my hearing here in NC. There are no restrictions on them in Fl. (and I never had a DWI down there). That really should have clicked for me to look deeper into exactly what I would have to do to get Fl license again.

      Thanks again for the help :)

    • #176596652
      donna delagard

      even though i am not in your area im in ontario i am sitting on if one fail of any kind o .my licence will be suspened so i understand what you are saying . but i am more surprised that these machines that have so many varitables could even make a decision on anyones life style or livly hood as they don;t work they are not relible .i just went to bingo haven; t even had a beer in at least a week LOL and it gave me a running fail and then a starting fail coming back from bingo . the other day it would not even take a breath it would say unstable every time i went to blow .i had to leave it 10 miles up the road and hitch a ride home . now on that note i have no perfume on .its raining like hell out there so no windshiled wash . no radio on and transporting nothing in the van . how did this law get passed didn;t they test these things .they don;t work . if they worked right they would make the highways safer but they don;t so we are quilty even when we are not . which isn;t the way it is suppose to be .lol i called the police station here and they said they don;t give breatalizers on request . so you can;t even clear your name . im ready to buy a seringe so i can have a wittness to prove when i take my own blood next . hope this helps i don;t have a cell phone or i would have called the police myself because falsely accusing you of some thing is wrong too . if you look mad enough they might even give you a breathalizer lol our van has had at least 18 early recalls in 13 mths and not once even though they changed the hand set did the service provider addmitt that the unit was faulty . not once from dec. till now did they change the box itself . it goes in monday an out of town tow to finally replace it . my email is rdd3111@cogeco.ca if this helps .its a money scam and its dangerous .it interfers with the electrical . i have to turn off the highway to turn down my street in the dead of winter i went to stop and make my turn and all i could see is the motorist behind me pasing me on the left as well as the right (wrong lane ) to avoid hitting me . two nights after bingo stranded with or without a pocket full of money cold and being a female at twelve at night . for almost an hour alone in a parking lot because the thing decided not to work . too many abourt blows then all the way out of town again for a reset . hope this helps .Their not gonna be happy until theres accidents . people get raped robbed or even killed from being stranded and guess what the accidents could very well be their family along with us . sorry this letter is so long but im pissed and its been a long 13 mths :) at least you have a web site too complain on i can;t find one .in ontario LOL

    • #176596707

      I spoke with a lady by the name of Tina Lanna (not sure if that is correct spelling of her last name) at DMV in Raleigh this morning.
      Her number is (919) 861-3295.
      Wendy Robbins is no longer there, I was told when I first called the number you provided.

      I just have to send a photocopy of out of state license and I can’t drive in NC without an interlock. Simple enough, so I guess I will be moving to Florida. If I would have been required to have the interlock down there too, I probably would not take the job and just remain here in NC. Not having to put up with the interlock is the deciding factor.

      So again, thank you for the information, it was most helpful :)

    • #176596715

      Hello all, this applies to out of state drivers that got DUI in NC,

      Talked with my attorney yesterday. He said he talked to hearing officer in NC and that once my suspension was over in NC that the “block” would be lifted from my license. He said that NC could not force me to get interlock if I lived out of state. Just could not drive in NC without interlock. He said I should be able to get in to GA office and get license back. BUT, he said he was not sure what action GA MIGHT take. Has anyone had any experience in this area.

      Based on all the horror stories of interlock, I will ride it out till end of my suspension 11/30/2012 and then hope that I can get my license back.


    • #176596717

      Glad I could help!! Don’t drink and drive!!! Good luck in Fla..

    • #176596722

      i agree the law should be changed back to. 02 for repeat offenders to clear up the problem with false readings or at least .01 this is election year you can look up state represenatives on line for your county, write them tell them your feelings,also we could start an e mail account and take names and address then mail it to every state represenative, expressing our concerns ill bet you get lots of differant answers i know a few judges have dwi ‘s one has had 3 over the years but far enough apart to not have a monitec ,maby with safe start here now monitec mite be better ,more tolerant to customers but dont count on it
      it helps to be a registered voter i had 3 years of monitec havent drank in over 6 years
      im here to help any one with questions just ask i found this site and it helped me a lot UncleDave

    • #176596725
      donna delagard

      I can;t even imagine anyone making it through this night mare .very dangerous machine to have on any car.aside from the false bac readings .wish i could help but my honey also has to blow and gave me a fail moving garage stiff .and that was after having this device on for a year .and he doesn;t drink .at all he was too nervous to even have one as he was waiting for his brother to die of liver cancer and knew he might have to make and emergancy drive to his house at anytime . donna delagard ridgeway canada rdd3111@cogeco.ca

    • #176596726

      sober user my readings came back .0027 and .0055 yes far below .02 i had a hearing and had no problem after that yes rediclus readings but with .01 tolerance that should help take care of some false readings,are these things that sensative i doubt it but they did read those readings i still have the paper work on them

    • #176596727

      If you are a multiple offender… 2 or more dui’s you will have to see a compliance hearing officer… to many false readings and compliance hearings will result in a suspension..

      KLeep all reciepts from any purchase, which will help, and always rinse with water be4fore any blow… Further… 0.01 THRU 0.019 is less than 0.02 which will give you a warning sign.. less THAN will say pass. be careful RINSE!!!!

    • #176596761

      In 2009, I got a dui for a .09, unfortunatley it was my second in 7 years (6yrs and 7 months to be exact) which was also a .09. I lost my license for a year, did 7 days in jail and last may had the monitech interlock installed in my car.
      I continued in my normal daily routines, if anything changed, it was for the better. I will admit there were nights that I went out and had some drinks but nothing to crazy in fear that I might have a fail. There were occations 5 in 7 months that I had warnings, at which time I waited and tried later. Upon recieving a green light, I proceded to drive. To my knowledge everything was fine, my sheets recieved from the monitech technician only showed my warnings, no high fails, fails, illegal drive times, violations, NOTHING!!!
      In Jan of this year I was told to fill out a sheet to explain why I had a high blow on a couple of rolling test. I honestly couldn’t explain it because, I was never at anytime given an indication that these had occured. Well 2 months later, the same thing. I then recieved a letter from the DMV about the possible suspension of my license for another year. Not knowing that I was allowed to have an attorney present, I went to the hearing anyway…Big Mistake. Since then I have recieved 4 letters from the DMV stating that my license will be suspended for another year and I CAN’T request another hearing, but also another stating that my license is scheduled for suspension for the same time as the previous, but I CAN request a hearing. Not sure what’s going on here, but if they are already suspending my license, what’s the point?
      My problem with this is as follows… I have a .00 tolerance on my license, and since having this bs occur, I have learned that your car, will allow you to start it as long as you don’t blow a .019 or higher. When my box was installed, the tech told us, “that it was recomended to wait 24hrs before you try to drive, but it basically works out to you having to wait 1hr per 12oz beer or 1oz shot.” The fact that you can still start your car at .019 or lower and you may run the risk of a non-compiance was never mentioned. He stated that simply put, “it’s like a stop light, green means you’re ok, yellow means you need to wait, and red mean you fail.” Also none of us at any point were given any sheet or told specifically the 75 plus food/drinks etc, that could calls a high reading. After reading through the manual again yesterday, I also learned that if you have a warning, you can actually hit the power button and by-pass it and drive. Each of the total 8 times that I have had a warning, I have waited until I got a pass, before I drove, because to my knowledge, I was free of alcohol. Never at anytime did I opt to by-pass the warning and drive. Now if this is the case and you do, run a risk of a non-compliance, shouldn’t you be informed and cautioned on the consequences?
      I have since spoked to 2 attorneys, both of which say that I can appeal it to superior court, but one which is well respected, saying that it was gonna be a tough one to fight because I have no defense. Not to mention that if I do appeal it, it could cost anywhere from $2500-$4000. Well I don’t understand why I don’t have a defense. 1. I was never properly informed of every specific detail of how this machine works or the consequences. 2. I never tried to by-pass the warning and drive, I waited as I was told, when I got a pass, I thought I was ok and drove. 3. Never at anytime during any rolling test was I giving a notice by a yellow light, or siren that I had a high blow. 4. After speaking to several law enforcement officers, attorneys, and having my hearing with the DMV Hearing Officer, all stated that there was something wrong with this, and the Hearing Officer even stated that the Commisioner was looking into it. If this many people holding the positions that they do, see that there is a problem, then why is nothing being done to fix it. All the technology we have in the world, and they cant develope a device that’s technology isn’t 30 years old, that will work properly and prevent those who have no care in the world from driving, but at the same time protect those like us who try to do right from getting punished for some non-sense? I’m all for joining a group signing a petition or whatever!!! LET ME KNOW WHERE TO SIGN UP!!!
      One more thing, Rosa Parks didn’t have much of a defense either, and we all know how for the better that worked out. Don’t even get me started on O.J.!!! I really think no matter what, I am gonna fight this if for nothing more that to make the DMV realize there is a problem and many people are suffering terrible consequences, because they choose to rely on a technology that is outdated, and they know it. I don’t wanna make anyone look bad, and I’m totally against drinking and driving, but come on!!! My situation, sounds very similar to the many posts that I have read, and I just dont think it’s fair that myself or anyone else should lose there license again for this.

    • #176596786

      BOTTOM LINE… If they have a 0.00 tolerance for repeat offender’s The machine should not say ‘Pass” ‘OK TO START ENGINE! ” If the reading is less than 0.02! Or Register’s ANY LEVEL!!!!!

      Machine should say ‘POSSIBLE MOUTH CONTAMINATION.’ “PLEASE WRINSE WITH WATER AND TRY AGAIN!” No wonder Monitech had to sue the Commissioner of the DMV to renew thier contract a couple of month’s ago!

      Repeat Offender’s are set up for FAILURE with the current system! FAR TOO MANY VARIABLES THAT WILL CAUSE A FALSE POSITIVE!!!!

      Something must be done!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I see Monitech has competition for the first time ever in our state.

      Welcome, Smart Start! Why did a flawed company have a Monopoly for over 15 years????????????????????????????????

    • #176711986
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