North Carolina Criminal Law Updates
What are my legal rights? What can happen? Do I need a lawyer for an interlock hearing?
You’re about to go into a hearing where the person who prosecutes this case is the same person who decides what happens to you, the DMV hearing officer – John Fanney
SEE MORE: Ignition Interlock Laws in North Carolina 2017
SEE MORE: NC DMV DRIVER’S HANDBOOK 2016
What is an Ignition Interlock Hearing?
Generally speaking, you should consider it almost the same thing as a Revocation Hearing.
The North Carolina Department of Transportation, Division of Motor Vehicles DMV has received notice from one of the authorized Ignition Interlock Device providers that there have been positive readings for alcohol.
That’s not good.
The purpose of the hearing is to determine whether those readings are accurate and whether your license should be revoked consistent with N.C.G.S. 20-17.8.
Anyone familiar with the Blow-and-Go in North Carolina knows how things are supposed to work:
- Pre-Start Testing
- Rolling Tests
And anyone whom has had an Interlock installed in their car for any period of time knows they are at best an imperfect technology.
Who are the Ignition Interlock Providers?
There are presently only three authorized Interlock Providers in North Carolina. It is important to understand that while there may be similarities between the respective devices and the companies that provide them, North Carolina does not automatically accept installation of a device in another state.
SEE MORE: Booze It and Lose It Brochure
Modified Transcript of “Do I need a lawyer for an interlock hearing” for the Hearing Impaired
Hi. I’m John Fanney with Fanney Law Office, and today I’m just answering some questions that are on the internet from folks just like you who have legal issues they’re trying to get some information on.
I want to tell you, these aren’t clients. These are folks, everyday folks, just like you, who have some information they need about their problems.
Let’s start with one right now. Interlock violations. I have an interlock on my car and I’ve been called in for an interlock compliance hearing. Should I hire an attorney?
The simple answer to that question is yes.
These are serious hearings. You are looking at losing your license.
You’ve already been through the process of getting a DWI. You got the interlock put on your car. It could be there for a year, three years, maybe as long as seven years.
Now, you’ve got an interlock violation issue going on. You need an attorney.
You’re going to go into a hearing where the person who prosecutes this case is the same person who decides what happens to you, the DMV hearing officer.
If you don’t have a lawyer in there helping you to figure out what’s going on and what you need to do, you could really end up in a bad situation.
Interlocks, I’ve got one right here. They go on your car.
You ride down the road. You blow into them. Sometimes things happen.
I’ve worked with folks for years who have issues with bread, honey buns, Mountain Dew, sugar free candy, sugar free gums, breath mints, mouthwash, toothpaste, antifreeze, windshield wiper fluids. Anything that has any kind of substance close to alcohol can cause a false positive reading.
Guess what? You’re responsible for those readings.
You let your wife drive the car and her perfume sets it off, you’re getting called in for an interlock compliance hearing. You let your kid drive it and they’ve got gum in their mouth, you’re going in for an interlock compliance hearing. Just remember, you’ve got significant investments. You’ve got multiple cars registered to you.
You might have an interlock in every single one of those cars. You’re looking at a loss of all the money you’ve invested. You’re looking at losing your license all over again, going back into that revocation that you fought so hard to get over.
Do you need a lawyer? Absolutely.
I’ve been doing these cases in Wake County and surrounding counties like Johnson County, Orange County, Durham County, Chatham County. I’ve been doing these for years.
I’ve seen all kinds of situations. We know how the process works. We know what the hearing officers are looking for. We know what we need to do to help you keep your license.
You’ve got an interlock problem. Give us a call at Fanney Law Office. We’re here to help.