Fight Speeding Ticket

NMA Motorists Forum


July 17, 2011 12:25PM
I have had so many problems with my monitech interlock system in my car. I live in NC and I have my second visit with a hearing officer in 3 weeks. First time I had to go before hearing officer because interlock device said I didn't do a rolling test. However, I still have no idea what this was about. Even the staff at monitech said that if I had not done a rolling test an alarm would have sounded to remind me. However, none of this happened. I still have no idea when or how this happened. I believe it is a problem with the interlock device. I have had my devices changed out roughly 10x's in 2.5 years due to malfunction. However, the hearing officer reamed me about this and told me I am one of the handful of North Carolinian's that give DMV problems and that if I ever come back in front of her....I am done. Well, guess what???? I recently had an alchohol warning read of .0021. Strange thing is ...I haven't drunk alchohol in years. All I can figure is the device picked up alchohol in the air from body spray? This is the first time I have ever had an alcohol warning.So, now I am thinking that this $5.00 can of body spray may seal the deal. First hearing...still don't understand why I was there. Now this one coming up, still don't know exactly what happened. Anyone in NC have any advice for me???What should I do?
July 23, 2011 06:22AM
I would at least consult with and probably retain the services of a lawyer. In my opinion, anyone with a fail already looks guilty to the DMV, whether it was a false positive or equipment malfunction (which despite the fact that the interlock companies promise don't happen, they do). If you only blew a .0021, that is a ridiculously low limit to be called in to explain to DMV. I have to think a lawyer could help you out in that situation.

Please keep us posted and good luck with it.
July 23, 2011 03:09PM
I went to Monitech and got them to look up my information. It was a Warning, not a fail that I am being called in for. They said the alchohol limit was so low, that it only caused a warning. My info shows that I blew first thing in the AM with the .021, then immediatly follwing that...passed...and subsequently passed every single blow that day. This is a fluke. The guys at Monitech said they cannot believe that I am being called in for 1 alchohol warning with such a low limit. They say they have never seen that happen before. I am talking with an atty this coming week. I don't drink and am truly upset that this occured. The DWI I have the interlock in my car is from 12 years ago. I moved out of state and then when I came back to NC and got my lic. reinstated I had to have this in my car. I am due to have this thing removed in 3 this really scares me.
July 24, 2011 10:41AM
hey turtle78-

Were you required by DMV to sign some sort of pledge that you wouldn't drink alcohol over the course of your 3 years with the interlock? Also, not to pry, but if you have to have the interlock for 3 years, do you have multiple DUIs? I believe that repeat offenders aren't allowed to have any BAC whatsoever after their licenses are conditionally reinstated (a license restriction of 0.00 BAC), while first time offenders are limited to a 0.04 BAC. That could explain why it seems that DMV comes down harder on people with interlock periods of 3 or more years (most of the cases I've read about where limited privilege/license revocations are handed out involve people with interlock periods of 3 years or more, but that's a limited sample size and I don't really know)-they give you no leeway.

Regardless, if you haven't been drinking, I take you at your word. It's funny, because I used to read some of these posts skeptically when people would say they were told that they had positive readings at their download appointments. I'm sure some people fudge the truth a bit, but after my experience, I'm going to guess that false positives/malfunction happen on a pretty frequent basis.

I really feel for you, man. Try not to worry too much about it in the meantime.

July 24, 2011 01:59PM
Hey thanks for getting back with me. Yes, I had multiple DUI's a very long time ago (almost 20years ago). I know ..when people say, but I wasn't drinking...It can make you wonder. However, I really don't and that is what is so upsetting. I don't ever remember signing that pledge not to drink that you are talking about. As for the 0.00 BAC I am confused, because if you read the Gen. Statutes, I understand it to say your first Restoration period you cannot have a BAC of 0.04 or higher, but if you have a second restoration, then you are not allowed to have more than 0.00 BAC. I have only had my lic. restored this one time. I moved away for many years, and when I came back I had to do this to get my lic. restored. I don't know...the laws are very tricky. I had this thing mess up on me one time...and had a higway patrolman give me a breathalyzer right on the side of 1-40 where my interlock messed up...and I blew 0.00. Luckily, nothing ever came of that box malfunction. What really gets me, is I made mistakes but they have long since passed and I feel like I am being retried. This last time I had a breathalizer done at a state agency which also showed 0.00 BAC. It is some strange stuff. Crooked stuff really.
July 25, 2011 03:44AM

I have a question: when you wrote about your interlock messing up one time and having a highway patrolman give you a breathalyzer on the side of I-40, what happened? Did you register a "fail" on the device and had to answer for it at your next monitor appointment? Was it a rolling retest fail? Please let me know. Thanks.

August 12, 2011 06:06AM
i had tickets in 1985 and 90 so 15years later i get monitec for 3 years i havent drank sense the day of last ticket and yes there is a .000 no tolerance on my license ,my last appt i had a warning the tech at monitec said they dont report warnings to dmv so we shall see too much confusion with device also if u call dmv you will get differant answers from differant people,i havent drank in 6 years only 90 days left i hope good luck
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