QUESTION
What can I do if I was falsely accused of tampering with ignition interlock?
Asked on Jul 27th, 2013 on DUI/DWI - Michigan
More details to this question:
This is a copy of the letter I sent to the MI SOS and it will explain my situation. On Thursday, 06/27/2013, I received a notice that a report of a major violation of my BAIID requirement was sent to your office, and an Order of Reinstatement of DENIED/REVOKED has been given to my license status, effective 07/05/2013. The reported major violation is Tamper/Circumvent, and the report states my interlock device lost power twice on 04/30/2013. I do not deny the probability that this did occur, but in no way am I guilty of tampering with or circumventing the operation of my device. I have no knowledge of the first reported power loss, but the second, I remember very clearly. As my vehicle was parked, I removed the device from my lap, and placed in a safe resting place. Immediately after I set it down, the device made a noise and displayed “key is on”. If you turn the key forward before giving a sample to the device, it will display this message. At the time I didn’t know what to think, and just turned off the vehicle, which seemed to satisfy the device. The device must have lost power from being bumped or jarred during movement. I’m sure it was the same in the other occurrence, but I did not notice because the vehicle was turned off before the power loss. If I had known the device had lost power, I would have contacted my vendor immediately to report the incident. I can’t understand why there is no message stating the power loss. When the device resets, it should display “Power Loss Detected. Device Reset. Contact Vendor”. On the Michigan.gov site it says: “If the BAIID records 3 start-up test failures in a monitoring period, or 1 rolling retest failure, or if it detects tampering, the vehicle must be taken to a service center immediately. If that service is not done, the BAIID will go into a "lock-out" mode, and the vehicle cannot be operated.” This procedure is not being followed by this reporting agency. If loss of power is consider.
1 ANSWER
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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This is a horrible problem that many have with interlocks. You have to request a hearing with the DAAD and prove to them that you did not tamper, by your testimony, car repair receipts, etc. You will probably get reinstated if it shows that you blew immediately afterwards and had a .00 reading for your bac. I have done many of these and the biggest problem is waiting the 6 to 8 weeks to get a hearing, which nothing can be done to speed up the process. It is also wise to have an attorney familiar with the DAAD in which you have to report to.
Answered on Jul 30th, 2013 at 12:23 AM