Ignition Interlock Violations Monitech, Inc. in North Carolina

The Department of Transportation / Division of Motor Vehicles has recently begun sending “Interlock Non-Compliance Letters” to literally thousands of motorists in the state of North Carolina. We are advised that approximately 5,000 people have been or are in the process of receiving a Notice of Suspension and/or a Notice of Hearing.

On an anecdotal basis, we are seeing an increasing number of calls on a daily basis where a driver has received Notice within a very short period prior to restoration of the NCDL. As you might imagine, a suspension based on “positive” results as maintained by Monitech can have very serious results.

One possible consequence is loss of a license. Another negative impact is the requirement of reinstallation for an entirely new period of time, without credit for the time and money already spent on the interlock device. Put simply, one might be required to start the process all over again.

Anyone whom has dealt with the datum dumps, the trips to Monitech and the technical aspects of actually having an interlock device in a vehicle, understands the process can be expensive, time consuming and sometimes, very frustrating.

We strongly encourage you to seek out legal counsel, as the hearing before a DMV Hearing Officer can have long term consequences. We offer a confidential consultation free of charge. We also are willing to establish a payment plan for legal services, assuming you desire to retain the firm for legal representation.

It is important to recognize “positive” screens are subject to some level of interpretation and is the case with any quasi-scientific technology, is subject to error and misreporting. A “positive” screen also assumes the sample is from the person with the prior alcohol related conviction or administrative action, for whom the Ignition Interlock Device is required on the vehicle.

There are ways to challenge the revocation, both on a scientific and legal basis. Time is of the essence, because the period between Notice and possible Suspension may be short.

This area of the law generally is extremely complicated. You may benefit from reviewing some articles by Attorney Bill Powers on the Ignition Interlock Device, the ElectroChemical Fuel Cell and the science behind breath testing devices. Powers McCartan, pllc will provide such materials, free of charge, if requested by clients.

Bill Powers regularly teaches seminars to attorneys across the State of North Carolina on the science, law and technology of Impaired Driving which necessarily includes the Ignition Interlock Device. Most recently he presented materials to the Rowan County Bar on issues involving impaired driving and the Guilford County Bar on the AlcoSensor Device, the Intoximeter EC/IR II and the science behind the ElectroChemical Fuel Cell and InfraRed testing methodologies.

If you believe the documentation and materials are in error, you may wish to review our Monitech, Inc. page. Powers McCartan is actively seeking out comments, complaints and documentation regarding Monitech. We have found evidence of calibration errors and improperly reported “positive” screens, which may or may not be the case in your matter.