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Old 05-08-2012, 11:02 AM
  # 15 (permalink)  
lizatola
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Originally Posted by Kiana View Post
In my state the suspension occurs on the spot at the time the DUI occurs. Then later the court date hands out the terms. After the mandatory suspension time and when everything else is fulfilled, the person can apply for driving privileges according to the terms. Whether they apply right then or avoid it until years down the road, if and when a license is issued to them it has to be according the terms, and the license is prominently stamped with big red letters saying "INTERLOCK DEVICE" for the duration of mandatory time and terms. They can not obtain a license in any other state without complying with the terms and conditions.

Any vehicle they operate has to have the device. The consequences are steep for them when they are pulled over driving without a license, or driving a vehicle without a device in it. If they also happen to be under the influence while driving on a suspended license or if they have a child under 15 in the vehicle with them, they go to prison for up to 2 years for aggravated DUI. Attorneys can not save them from the mandatory terms.

In my experience it's not uncommon for the offenders to tell such wild "the-attorney-says" tales to their less informed SO's or families. There's only one reason they can't function driving a vehicle with a device, and that's because they know they are still going to drink and drive and hope to avoid the consequences of their actions, which is fairly typical M.O. for them.
Yes, he will have to have the interlock stamped license, but his lawyer already had him order a replacement facially valid license from the DMV 2 months ago. He can still carry that license around. Now, if he gets pulled over and someone runs his license they will see the interlock requirement.

And, I do agree that he is probably full of BS. I figured that if his lawyer is telling him ways to circumvent the law, then that's fine even though it makes me mad that they are so crooked to begin with. Hey, the lawyer isn't the one who has to do jail time, he's not the one who has to use the interlock device, so what does he care?
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