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  • in reply to: Help with violation #176597185
    JudgeSmales
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    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.

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