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Get this stupid intoxalock off

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likesonotguilty

Junior Member
What is the name of your state (only U.S. law)?
Missouri

I was told by the DOR/DMV that I had met the requirements and could have my IID removed. Technically, I have NEVER EVEN BEEN CONVICTED OF A DUI. I have been arrested twice, so I might as well been found Guilty, even though I was NOT.
So I think I can get this stupid expensive (When you are required by law to purchase something, its EXTORTION PPL!) device removed and I show up to get it off because I was told it could be removed and if anyone had any questions to call the dmv/dor but turns out, I can't get it off. But I am NOT ordering another calibration. I am DONE paying the bloodsucking intoxalock people, I won't give them another DIME. So how do I get this thing taken off quickly and legally? I can't seem to find the answer anywhere and my lawyer well, he sucks.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)?
Missouri

I was told by the DOR/DMV that I had met the requirements and could have my IID removed. Technically, I have NEVER EVEN BEEN CONVICTED OF A DUI. I have been arrested twice, so I might as well been found Guilty, even though I was NOT.
So I think I can get this stupid expensive (When you are required by law to purchase something, its EXTORTION PPL!) device removed and I show up to get it off because I was told it could be removed and if anyone had any questions to call the dmv/dor but turns out, I can't get it off. But I am NOT ordering another calibration. I am DONE paying the bloodsucking intoxalock people, I won't give them another DIME. So how do I get this thing taken off quickly and legally? I can't seem to find the answer anywhere and my lawyer well, he sucks.
Well, I guess you have to go and find a new non-sucky lawyer.

http://www.mobar.org/uploadedFiles/Home/Publications/Legal_Resources/Brochures_and_Booklets/Client_Resource_Guide/lrs.pdf
 

FlyingRon

Senior Member
I don't know what you were told, but obviously you have had two administrative actions or you would not have the interlock requirement to begin with. If you've had it for six months without violation, you should be able to go the DMV and get the restriction removed. If you had interlock violations, you have to wait another six months.
 

GuyInNC

Member
I am interested in this thread because I will be eligible to have my device removed in a couple of months, and I am anticipating this being less than simple.

From what you have said you have your IID restriction removed. But (obviously) you do not have the device removed. I don't know how it works in Missouri, but in NC my provider requires a letter from the DMV stating that the restriction has been removed. And (supposedly) all that I need to do is to take that letter to my local installer. I have read of other situations where the local installer required authorization from 'headquarters' to do this. Each state and possibly IID provider would be different here.

I would suggest that you start with your local provider and ask him/her what is needed here. And then I would verify this with your installer HelpLine folks. Attorneys (unless you plan on taking Intoxalock to court) won't be very helpful here - at least in my experience.

And I would also offer that here in NC you can certainly skip your 'calibration' and the DMV probably won't care (for the case where the device is installed but no longer required). But in NC your car won't start and it will cost around $60 to acquire a lockout code. AND you will owe them another month fees as you are renting this device (and you have not yet returned it).

Good luck. And keep in mind that Intoxalock has no incentive at all to be helpful here. The faster this thing comes off the less revenue they receive.
 
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TigerD

Senior Member
You chose to drive while under the influence and you didn't learn your lesson from the first arrest. Now you are whining because the punishment is a hassle.

No sympathy here.
1. An arrest does not mean someone is guilty.
2. Administrative actions are not considered punishment.

I was told by the DOR/DMV that I had met the requirements and could have my IID removed. Technically, I have NEVER EVEN BEEN CONVICTED OF A DUI. I have been arrested twice, so I might as well been found Guilty, even though I was NOT.
When you were arrested, the officer gave you Form 2385, notice of administrative action. You had 15 days to request a hearing or your license would be suspended. This has nothing to do with the criminal charge. This is why every person arrested for DWI should talk to an attorney.

So I think I can get this stupid expensive (When you are required by law to purchase something, its EXTORTION PPL!) device removed and I show up to get it off because I was told it could be removed and if anyone had any questions to call the dmv/dor but turns out, I can't get it off.
If you have completed the requirements: Maintained the IID for six months AFTER reinstatement of your license without a violation, it can be removed. A violation will result in an additional six-month extension.
If you are having problems understanding the requirements or complying with them, talk to a local DWI attorney.

But I am NOT ordering another calibration. I am DONE paying the bloodsucking intoxalock people, I won't give them another DIME. So how do I get this thing taken off quickly and legally? I can't seem to find the answer anywhere and my lawyer well, he sucks.
If your lawyer sucks, you should seek another attorney. But I can tell you that categorical statements like you are DONE paying - is a sure fire way to get the folks at DOR to screw with you. Talk to an attorney, make sure you filed the correct paperwork with the correct people.

TD
 

GuyInNC

Member
I am going to repeat myself here but if things are as you stated, IMHO you do not have a legal problem. You have a business relationship problem with Intoxaloc. Based on conversations that I have had in this world of IID's with more than one DUI attorney, they don't know much about the stuff that happens between you and your IID provider.

I just went over my contract and I don't see anything in there that requires that I return the equipment 'in situ' (installed on my car). You might well be able to have a mechanic remove the thing (depending on the car, some installations are simple and some are not). But THAT is something that your DUI attorney might actually be helpful with. It is possible that this is an illegal act in some states for a licensed mechanic (even for the case where you are not required to have the device).
 

TigerD

Senior Member
I am going to repeat myself here but if things are as you stated, IMHO you do not have a legal problem.
Your opinion is wrong. If the OP removes the IID prior to being eligible for removal, he faces another license suspension and being required to have an IID for a much longer period. This could lead to additional criminal charges in Missouri if he drives without it.

TD
 

GuyInNC

Member
Your opinion is wrong. If the OP removes the IID prior to being eligible for removal, he faces another license suspension and being required to have an IID for a much longer period. This could lead to additional criminal charges in Missouri if he drives without it.

TD
And what does this have to do with what I posted? I very clearly qualified my statement to rule out your proposition.
 

TheGeekess

Keeper of the Kraken
And what does this have to do with what I posted? I very clearly qualified my statement to rule out your proposition.
I would think that a guy who lives and passed the Bar in Missouri knows a heck of a lot more about Missouri than some random dude from NC. :cool:
 

Silverplum

Senior Member
I am interested in this thread because I will be eligible to have my device removed in a couple of months, and I am anticipating this being less than simple.

I don't know how it works in Missouri, but in NC ...

And I would also offer that here in NC ...
These types of sentences are forbidden, and for good reason. Nobody needs to have incorrect information stuck into their thread, or for someone to take over and yap about their stuff.

Be correct and state-specific, or just quietly read and learn.
 

GuyInNC

Member
These types of sentences are forbidden, and for good reason. Nobody needs to have incorrect information stuck into their thread, or for someone to take over and yap about their stuff.

Be correct and state-specific, or just quietly read and learn.
Well that is just silly. This is not state specific advice. If you have fulfilled your legal and technical requirements WRT driving after a DUI and you can't get your device removed, then you need to find out from your provider what they require (in any state).

Similarly if you are PO'ed and plan to just not do you next calibration, you need to know the automobile consequences (in any state). FWIW, in Mo. it would appear that you will get 7 days after your 30 day calibration deadline and you will be in lockout (see http://s1.sos.mo.gov/cmsimages/adrules/csr/current/7csr/7c60-2.pdf ).

In both cases references to NC were intended as examples of how it might work. I think that was pretty clear.

If there are actually forum guidelines here similar to what you implied, I would love to read them. All that I am aware of are the T/C's that you agree to when you sign up (see below in italics). If there is something else out there I would be interested in reading it.


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quincy

Senior Member
... If there are actually forum guidelines here similar to what you implied, I would love to read them. All that I am aware of are the T/C's that you agree to when you sign up (see below in italics). If there is something else out there I would be interested in reading it ...
There is a difference between website conditions (which you quoted) and forum rules (which are unwritten).

All forums on the internet will have both website conditions and rules that govern the site. Rules generally are not written down but instead have developed over time to make the forum work efficiently and effectively. The way a new member learns of forum rules will be to either read and learn as much as they can about the forum before posting or offering advice (which is the recommended way) or will be to violate a rule and have this violation pointed out to them by a forum member.

This forum does not have too many unwritten rules but, because the purpose of this site is to offer legal information and advice that can help a poster handle their legal issues, one rule is that we always ask for a poster's state of residence. We ask for the name of the state because the laws of each state can vary in significant ways. Even federal laws can be interpreted differently by state courts.

Providing laws and legal information applicable to a poster's home state can help to clarify these laws for the poster so they can better understand their legal issue. Tossing in laws and information and personal experiences from other states, on the other hand, can work to confuse a poster. A poster who comes to this forum seeking legal advice and information generally will be confused enough without our adding to the confusion unnecessarily. ;)

You were informed that your additions of North Carolina information to this Missouri thread could work to confuse the original poster and I agree. This poster requires advice specific to Missouri.

At any rate, when a new poster is advised of a forum rule, it is generally best for the new member to accept it and move on. Arguing the rule is of no benefit. The rules have been around long before the arrival of the new member and will more than likely be around long after the new member departs.
 
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likesonotguilty

Junior Member
I did NOT

You chose to drive while under the influence and you didn't learn your lesson from the first arrest. Now you are whining because the punishment is a hassle.

No sympathy here.
I was found not guilty in the first arrest bc I wasn't guilty. It cost me $7000 dollars to be found not guilty of a crime I had never committed. There is a sentence for just being arrested for it however, which was suspended. SIS. I have been all over the country, I travel for my work. Out of the 11 states I have lived in, before this last bs dui charge, I had one speeding ticket for 37 in a 35 and a cell phone while driving ticket.
I am not going to say I have never drank before driving.
I will say that I have NEVER driven impaired.
When arrested the second time, it was in the SAME county as the first, 9 years later. They pulled me over for fleeing the scene of an accident which never occured!! I had witness statements to prove it! Then they put me in the back of the cop car with the windows rolled up and no air conditioning in 93 degree weather for over an hour. They used the footage of me desperately trying to get their attention while handcuffed in the back of the airless heat trap, and the following deluge of angry heat stroke induced words to prove I was drunk. They refused to let me go to the hospital. They denied me water. Then they locked me up and charged me for being inhumanely treated and I'M the criminal?
 

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