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  1. #1
    BadBadBad is offline Junior Member
    Join Date
    Nov 2009
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    1

    Exclamation HELP! Have Interlock. Moving out of state, will drive back for calibrations. Problem?

    What is the name of your state (only U.S. law)? NC

    I got a .22 DWI in Nov 2008 and had the Monitech Interlock device installed on my car in May 2009 when I got "limited driving priveleges", meaning I can only drive my car with the breathalyzer and during curfew hours (6am-8pm M-F; 8am-8pm S,S).

    1) I am required to have it on my car for 1 year before I can get my license back (which would be in May 2010). My question is, can I move out of state with this car still using the breathalyzer and driving during those hours and then drive back to NC in February and again in May for the device calibrations (with May being the removal of the unit)?

    2) Now, what if I do a change of address with the post office so my mail gets forwarded to me in my new state (living with family but name not on any documents or anything as to that state being my "residence")? From what I've heard government mail does NOT get forwarded but returned to sender. I have no idea if I'll get any mail from the DMV during this time but could this be an issue? Is there a law saying I can't live in another state while I have this device so long as I adhere to the rules of it? If not, then do I just notify NC of my plans?

    3) Also, I am not going to apply for another license in the state I'm moving to until I get NC's reinstated just to be safe! So last question...any idea how long it takes from removal of the unit to get license back from DMV...can I just go from the interlock office with their paperwork and go right to DMV and get my license?

    Soo much to figure out. Please help!!!! Thank you all!
  2. #2
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
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    16,619
    You're in a catch 22 if you move. You're breaking the laws of the new state by not getting licensed there (most likely they wouldn't issue you one with a revoked license in NC, which is what they'll see your interlock license as).

    Further, you darned well better be sure that letters from the state of NC get to you wherever you live. If they're marked do not forward, then you are screwed.
  3. #3
    Thomas Howard is offline Junior Member
    Join Date
    Sep 2009
    Posts
    28
    The interlock is the least of it as already stated. You should be able to
    get a recal in another state with the info sent to the home state.
    My understanding of the LDP is other states are not required to honor them.
    You need to find out if your new one does. Also most places have a time limit
    on getting a licence after you move.
  4. #4
    MVPAdvisor is offline Junior Member
    Join Date
    Dec 2009
    Posts
    1
    BadBadBad,

    I recently had that awful device installed on my NC car. I too am moving out of state soon. According to my attorney and the NCDMV hearing officer, as long as my car and license are in compliance with NC laws, I should be fine driving out of state, provided I am not breaking any local laws. They even went so far to say that if I were to move somewhere so far away that I could not make the drive back every two months, I could leave the car here and have a family member take it in for calibration.

    They also suggested that if I were driving a car, without the device, in a state other than NC, as long as my license came back in good standing when checked by that state's law enforcement, I would in compliance in NC and not be in violation of any laws.

    I am a little weary of the latter part of that advice which is how I came across your question and why I am contacting DWI lawyers in the possible destination states to get a definitive answer. I suggest you try the same.

    One thing is for sure, DO NOT try to get it calibrated out of state! Monitech is very specific about this. If nothing else, they will require you to pay an out of state deposit on the thing, which I believe is about $300. That's is they don't accuse you of tampering with the device. Imagine your car entering lockout mode while away from home.

    Good luck!

    Peace
  5. #5
    irish77 is offline Member
    Join Date
    May 2008
    Posts
    485
    Wow to all of this. They wanted me to do that in PA. Instead I said I'll get the interlock license, but I'm not getting the interlock device. Easier to take the bus/train in my opinion. Those things seem to be a hinderance to driving with or without a DUI.

    good luck to the both of you. have you checked out the local public transit that will be around your new address in NC? I would look into it.

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