Not Guilty of DWI but DMV ordered 2yrs Interlock

[FrankWhite]

What is the name of your state? Maryland

I was arrested for DWI but found not guilty since I was not driving or attempting to drive (asleep) and was using the car as shelter. I went to my MVA hearing and they ordered that I have the interlock system installed on my car for two years. OK fair enough.

Here is my issue, I plan on moving out of state (probably Virginia) and wonder how this will effect getting a license there (or elsewhere) Do they look at only court convictions or MVA hearings and orders as well? Legally I am innocent but the MVA doesnt see it that way.

 

[rmet4nzkx]

You failed to mention your BAC.
You have a problem with alcoho/substancesl and are lucky that you were not caught driving and most likely had been driving at some point DUI and a history of DUI whether or not you ever got caught, this is a part of what the DMV considers. When you move, it is in everyone's best interest if the interlock remain for the ordered time, this should not be a problem as you agree it is appropriate. Also get help and quit drinking, you know the drill. Hopefully when the time is up you won't have reason to require it.

 

[FrankWhite]

I was under the impression that this was free legal advice. If I needed counseling advice, I would have posted to the free counseling forum. I seriously question your credentials to comment on law or substance abuse.

I do not consider myself lucky. I hired a good lawyer and legal precedence indicated that I was not guilty. It’s the law, not luck.

I refused the test. I was not driving prior to the arrest and have already stopped drinking.

Now that we have covered the "free counseling" aspect, can we get back the legal aspect?

 

[rmet4nzkx]

I was under the impression that this was free legal advice.
Even so you still have to give the informaiton to provide an answer.

If I needed counseling advice, I would have posted to the free counseling forum. I seriously question your credentials to comment on law or substance abuse.
My credentials are not questioned by the courts where it counts.

I do not consider myself lucky. I hired a good lawyer and legal precedence indicated that I was not guilty. It’s the law, not luck.
Then you are a fool, because it is lucky that you were not driving that is a fact and has nothing to do with having an attorney or the law, if you hadn't been drinking you would not have received the ticket or go to court or retain an attorney, how much did it cost you compared to not drinking?

I refused the test. A lot you know about the law then, you got the charge by default by refusing the test because you knew you would test too high, no wonder you don't know your BAC, was the charge changed?


I was not driving prior to the arrest and have already stopped drinking. Then you acknowledge your alcohol problem and as you know, quitting is the first step, you will still always have a problem. You have a problem if you were so drunk as to have to sleep it off, if you had been at home you would not have had to sleep in the shelter of your car. Sleeping while drunk, in the cold can kill you because you are already in a depressed state. You are lucky they found you.

Now that we have covered the "free counseling" aspect, can we get back the legal aspect?

Asked and answered. If you have quit, then having the interlock on for the full sentence is not a problem, is it?

 

[FrankWhite]

Asked and answered. If you have quit, then having the interlock on for the full sentence is not a problem, is it?

Again, your input is not neede and it is obvious that you are not an attorney. You can take your MADD attitude somewhere else.

If you read my original post, I was asking what other states usually do. So you can get off your moral high horse and either answer my question or go bark up someone else's tree.

 

[rmet4nzkx]

Again, your input is not neede and it is obvious that you are not an attorney. You can take your MADD attitude somewhere else.

If you read my original post, I was asking what other states usually do. So you can get off your moral high horse and either answer my question or go bark up someone else's tree.

What matters is that you have 2 years with the interlock, nothing else matters, That is a fact. Driving is not a right. The DMV giveth and the DMV taketh away!

If my legal advice is wrong, rest assured, one of the attorneys here would set me straight in a heartbeat. You are not going to get any other credible answer.
I am far more kind than them when it comes to dealing with attitudes such as yours.
Your attitude does not bode well for your future without help.
You failed to asnwer my question, how much did it cost you?

 

[HomeGuru]

Again, your input is not neede and it is obvious that you are not an attorney. You can take your MADD attitude somewhere else.

If you read my original post, I was asking what other states usually do. So you can get off your moral high horse and either answer my question or go bark up someone else's tree.

**A: I was prepared to help with Virginia law but after your post here, why should I?

 

[fagettaboutit]

Frankwhite,

Let me see if I understand this correctly. You decided not to drive after drinking, so you slept in your car? The cops find you asleep in your car and arrest you for DWI? Upon being arrested you refuse to submit to a breath/blood test? Do I have that correct so far?

What happen next (how long ago was this)? Did you go before a Judge or did the DA drop the DWI charges?

I've never heard of the DMV making this demand.

 

[FrankWhite]

Frankwhite,

Let me see if I understand this correctly. You decided not to drive after drinking, so you slept in your car? The cops find you asleep in your car and arrest you for DWI? Upon being arrested you refuse to submit to a breath/blood test? Do I have that correct so far?

What happen next (how long ago was this)? Did you go before a Judge or did the DA drop the DWI charges?

I've never heard of the DMV making this demand.

You have it exactly correct.

I went before a judge for the crime of driving while intoxicated and also driving under the influence. Refusing a breath test is not a crime. The charges were not dropped. I was found not guilty after a trial.

I then went to my MVA hearing for refusing the test and was given the interlock or a 120 day suspension, my choice. I am half way tempted to just take the suspension and drive very carefully for those four months just to and from work.

Really, I would love to stay on the right side of the law. I need to move and my commute now is 1 1/2hrs each way. I just wonder how other states will view this. It is illegal to live in a state and not get licensed there within a certain time frame. At least Maryland is this way, I am not so sure about other states. Like I said, I am not interested in any moral viewpoints on this legal issue. I have already taken and continue to take steps to avoid any future problems of this sort.

 

[john123456]

Poster:

If you find yourself in this situation again get off the highway and snooze in the back seat, ignition off, and keys in your pocket.

 

[InfoAssociation]

Frank,

Since you don't have a DWI in the new state, they will most likely evaluate the motor vehicle code in the new state independently to what was ordered in your home state.

Sometimes the order will be harsher and sometimes it's more mild.

For example, if you get a speeding ticket in let's say NJ and they give you 2 points on your license for the offense but maybe a year later you then move to NC...

the NC DMV will look at the specifics of the speeding offense, ie... how fast? how much over? etc.. and apply their grading scale to it.

So you could only have 2 points on your license from NJ with that offense but when you transfer your license to NC they could issue you your license with 3 points because if you committed the same offense in their state that's what you would have got.

Happens all the time, and again it could work for you or against you.

Best wishes.

 

[FrankWhite]

Thanks for the helpful input. I actually did some research prior to court and found that most states would have convicted me. Maryland is different than most states actually. They would prefer someone do as I did and not try to make it home. It’s sad that Maryland is one of the very few that would take a logical stance on doing a responsible thing. I believe that pressure from groups like MADD have taken the law to this over-extended point.

Twice as many people die from the flu every year than drunken driving accidents. I am not condoning DWI but if the law was out to protect the safety of the people then coming to work with the flu would be a misdemeanor.

In the course of my research, I read that in some states it is not enough to be in the back seat and the keys in your pocket because you could wake at any point and operate the vehicle. They argue "control" and get a conviction based on that. Truly draconian.

I guess I will contact Virginia DMV and see what they say. The only thing I violated was "implied consent" to a breath test. Maybe I will just take the 120 days suspension and get it over with. Four months of burden is much better than two years. I am looking at no points, no criminal record, and no insurance hike.

 

[fagettaboutit]

Your story is very important, Frankmartin. Do you realize how many people think sleeping in a car after drinking will save them from getting a DUI? I don't have to tell you, not so.

My suggestion is NEVER drive on a suspended license. Please don't. It could turn your bad situation into worse situation. Yet I would never agree to an interlock system for two years. That's something you have to make monthly payment on. You'll be a slave to this machine and grow to hate it.

Anyone who thinks an interlock system is wonderful has no regard to roadway safety. It replaces the possiblity for a drinking driver with a distracted driver. Distracted drivers are more dangerous. Anyway. I would try to take the 180 days and move closer to work. I wouldn't replace it with driving on a suspended license.

Since no else would dare say this here, I'll say it. What you got was a **** deal. Treated like a criminal when you're not. Since no one will give you the proper welcome, allow me.

Welcome to the DUI MADDness.