I think it is time for the people to get together and make a change

I was cited for a DUI in late 2007. I began my 6 month license suspension shortly thereafter. After 6 months I tried to reinstate my license but the MVD had no idea who I was since I didn’t actually have an Arizona license (I am originally from Iowa). So it took the MVD an extra 3 months to reinstate my license.

After 9 months of this suspension I was finally able to put an interlock device on my car. It was supposed to be on there for 12 months. It has now been on there for almost 15.

During this period I received two “extension letters” in the mail, one for “circumvention” and the other for “missing a rolling retest.” I appealed both and finally had my hearing last week after waiting nearly 5 months.

The judge did not rule in my favor on either one.

I provided evidence that I was out of the country for an entire month during the circumvention and by doing such the battery in my car ultimately had to be replaced.

The rolling retest was done on the same day as my monthly calibration; as a matter of fact it was at the shop that it happened. The subpoenaed reports show that I had 0.00 BAC before and after the missed retest.

Upon doing some research, I found out that not only are these extension letter not uncommon, they are quite frequent. The MVD receives over 100 of them a day. So obviously these are generated simply as a means to keep these interlock people in business.

Here’s the thing. I’ve spent two tours in Iraq and now have been punished for this DUI for the last 2 years. Haven’t I done enough? Now the MVD says they want me to be punished for another 2 years on some bogus claims from these money hungry interlock people. FOUR YEARS OF PUNISHMENT FOR A DUI????!!!

At some point, somebody has to say enough is enough.

Can anybody help me??

This is devastating for me in terms of getting around. I have to travel next week across the state, had been assuming I’d have the IIL by then. I’m not sure how I’ll travel without driving. Buses and trains are costly, don’t go to where I’m needing to go, and the times are bizarre. I just don’t see a reason for the hold-up; I don’t think its paperwork backing up, I think anyone affiliated with a license suspension or a DUI is not given any sort of priority with the DOL. Very disrespectful to WA state citizens in my opinion, I’ve done everything right, I’ve been kind to the folks on the phone despite my frustration and there’s nothing I can do. Ignition Interlock License is a great opportunity to let people drive and not drink, but what’s the point if I have to wait half way into my suspension to be allowed to drive?

I’ve had good and bad experiences with WA DOL, usually bad and this is just a terrible experience. I am hoping this will be resolved soon so I can move on with my life.

Pablo

An occurrence similar to Marcus Martin has happened with me. I was scheduled to have the interlock device removed on July 5th, but because of a broken key stuck in my ignition, I had accidentally left the auxiliary power on as I left my car one evening. I was off by about 45 minutes before I came back to the vehicle to see that the machine was going off. The following week the same situation occurred but this time I was of by a mere 4 seconds! Both incidences happened in the beginning of June and now it is August 30th as I am still waiting for my hearing at the DMV. I have called the executive hearing office and have spoken with my case worker but she tells me I am not on the “list” yet. I am going absolutely insane over this situation because I feel that I have done my time and for the state of Arizona to take this long for a simple hearing is ridiculous. I am furious because currently I am un-employed but looking (no jobs!) and my bill at Arizona Mobile Access Technologies is ever increasing from current and past due charges. I have the proof of many witnesses and the broken key itself (I have since gotten the key removed from my ignition) to prove my innocence. What I am worried about is that after the first incident, of course I blew a 0.00 to stop the machine. I stopped driving after a few minutes but about an hour and a a half later when I got back into my car it shows I blew at 2.5 followed by a rolling retest of 1.12. I do not even recall drinking after the incident, these damn machines are so testy at times it could have been anything, I don’t recall eating or drinking anything out of the ordinary; all I know is that I was not drinking alcohol or breaking any laws. My concern is that are they going to look at this and say I could have been over the limit prior to the occurrence? (and had someone blow for me?) Before the initial missed rolling retest you can see that I blew a 0.00 from start up and 0.00 for the following rolling retests; the car trip was approximately 30 minutes before I had stopped my vehicle when the car was accidentally left in the axillary position for the machine to go off. I am not so worried about the second missed rolling retests, it is obvious to see that it is a mere mistake, 4 seconds!!! My other concern is when will I expect to see a hearing? I filed for one in June and now it is almost September. I am flat broke, I cannot afford this and I was so close to finishing that I feel I should have some precedence on receiving a hearing sooner than later. Is there any way at all this process could be sped up? To you Mr. Wilson, I hope I can aid you with any information needed to file a suit against the state of Arizona. This is complete and utter BS and justice needs to be served. If my story can be of any assistance I would be more than happy to help. Thank you for your time here and I look forward to any response.

Sincerely,

Patrick J. Hanna

With any personal service, you want to make sure you interview any potential providers thoroughly, and interview as many people as you have time for or until you are comfortable.

Love your blog. I am trying to make an informative blog based upon DUI Checkpoints in Orange County, California. Take care.

About three or four months ago I missed my rolling retest by 61 seconds. So, naturally, I received the automatic extension notice from the MVD. I scheduled a hearing. I have no doubt in my mind that the additional year will be dismissed as I have multiple witnesses and a notarized voicemail which includes a time stamp prior to the failure which explains the situation.

Anyways, the problem I’m facing is that my year is supposed to be finished on May 15th, 2009! I had been told that I should receive a letter for a hearing within 8 weeks. It has been 4 months. So, I called the hearing office and they informed me that they were so busy they still hadn’t scheduled a date for my hearing. The representative also informed me that the IID companies had the ability to fax the hearing office and tell them that an extension was not necessary based on certain circumstances.
So I called my IID Company (Arizona Mobile Access Tech, inc) and they refused to even consider the idea. Regardless of whether or not I had proof, they said they do not write letters or faxes for customers. Now I have to continue to pay past my original end date due to a slow bureaucratic process and a callous IID company who wants my money.

My questions are these:

Why does it seem like this whole system and the MVD is completely self-regulated?

Who is our advocate?

And MOST importantly, Do I have ANY legal recourse against this IID company or the hearing process?

I never heard from XXXXXXXXXX or any other lawyer from the XXXXXXXXX offices, my police report was never sent to me until I basically stalker called her offices and she never had the decency to attend any of my hearings (she always sent someone else). In the end I felt that I was rushed to make a decision and wasn’t allowed to really take my time to decide if I wanted to go to trial. I felt that if she communicated with me more, by providing me with all the information in a timely matter, I wouldn’t of had to make the decision in a little room with a strange lawyer I never met (who was never given any of my case information by XXXXXXXX).

In the end like the article states–keep those lines of communication open!