Presentation on theme: "License Reinstatement: From Start to Finish Everything attorneys and courts should know about Restricted Licenses, Ignition interlock devices & providers."— Presentation transcript:
License Reinstatement: From Start to Finish Everything attorneys and courts should know about Restricted Licenses, Ignition interlock devices & providers
Michele Compton Former MADD Executive Director, SE Michigan Michigan Ignition Interlock Providers Association President/CEO of Michigan Interlock, LLC Michigan Association of Drug Court Professionals
SEMINAR OVERVIEW History of Michigan Interlock Law License Reinstatement Process Ignition Interlock Device technology, history and how your client interacts with them What is the Secretary of State really looking for What is a violation or reportable event The appeals process How to guide your client across the finish line
Repeat Offender Law Enacted October 1999 to address inconsistencies in court licensing sanctions Introduced comprehensive ignition interlock requirements Transferred responsibility of licensing sanctions to DLAD (Driver License Assessment Division) – currently renamed Bureau of Regulatory Services – Administrative Hearing Section
Repeat Offenders If you have any of the following combinations of drunk or drugged driving convictions, the law indicates that you are a Habitual (Repeat) Offender: Two or more convictions within 7 years. Three or more convictions within 10 years. The Secretary of State is required to revoke the driver license of a habitual offender and deny his or her application for another license.
License Reinstatement Repeat Offenders Submit Driver’s License Hearing Request (form on Michigan.gov) Lifetime Conviction History Lifetime Treatment History for alcohol and/or drug use disorders (i.e., detoxification, treatment, driver safety intervention, etc.) Lifetime Support Group history (i.e., AA, NA, Women for Sobriety, etc) Mental Health Diagnosis Substance Abuse Evaluation by Certified Evaluator Drug Screen Abstinence History Prognosis Continuum of Care Recommendations Dated no later than 3 months prior to submission
License Reinstatement Repeat Offenders Other Documentation Three to six community support letters Documentary evidence of attendance at support meetings Ignition Interlock final report if granted restriction at previous hearing and new installation required All Requests for Hearings must be in writing and mailed or faxed to the Legal and Regulatory Services Administration
Restricted License Authorization – Repeat Offenders Received in mail within one month of hearing First Step – have an ignition interlock installed on vehicle Take Installation Certificates and appeal letter to local Sec of State Office (supplied by Provider)
HBAC MCL 257.625(1)(c) - Jan 9, 2009 The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine First-time offences Implied consent applies
HBAC Criminal Sanctions High BAC is a misdemeanor and carries the following penalties: Up to 180 days in jail. A fine of at least $200 but not more than $700. Up to 360 hours of community service.
SUSPENDED HBAC One year license suspension. The Secretary of State may issue a restricted license 45 days after the suspension starts if the person is otherwise eligible A restricted license will permit the individual to operate a vehicle equipped with an ignition interlock device under the following circumstances: To and from: – residence and employment, and during employment; – alcohol or drug education or treatment program – regularly scheduled treatment for serious medical condition – probation, community service and school.
HBAC Client will receive in mail an Order of Action after their conviction and court appearance 45 day hard suspension Installation of ignition interlock system for at least 10-1/2 months or until end of suspension Authorization to Remove is required. HBAC
HBAC and Repeat Offenders Responsibilities Shall not operate a motor vehicle on which a BAIID is not properly installed (MCL 257.625l(2)) Shall not request or solicit any other person to blow into a BAIID (MCL 257.625l(3)) Shall not blow into the device for a person who has a BAIID installed (MCL 257.625l(4)) Shall not tamper with or circumvent the operation of a BAIID (MCL 257.625l(5))
Sobriety Court Pilot Program The legislation creates a three-year pilot project, beginning January 1, 2011, that would enable a person convicted of certain drunk driving offenses to obtain a restricted driver license by fulfilling conditions specified in the law, such as admittance into a sobriety court and installation of an ignition interlock. The bill would amend the Michigan Vehicle Code to require the Secretary of State to issue a restricted license to a person whose license was suspended, restricted, revoked or denied based on two or more convictions of DWI or impaired if the above conditions are met. PreviousAmended One year hard suspension45 day hard suspension Offender Applies to SOSJudge orders Hearing at SOSAdmittance in Sobriety Court Pays Driver Respon. FeesFees due after Program
Sobriety Court Pilot Program ENTERING COMPLETION NON COMPLIANCE Form MC 393 Court Interacts Directly with Secretary of State Provider Also Reports Violations
Indigent Discount Process Michigan Department of Treasury takes the federal poverty guidelines for the appropriate year and multiply the corresponding income level and no. of dependents by 150% and compare it to the adjusted gross income from the defendants tax return. If it is at or below the 150% level, then they are qualified for the discounted rate. If the adjusted gross income is higher than the 150% they do not. Will advise provider and provider will advise client. Process can take up to 6 weeks.
Ignition Interlock Providers Must be certified by the State of Michigan Service locations within 50 miles of every resident of the State of Michigan Agree to install and deinstall device to indigents free of charge with $2/day rental fee Must monitor/download and recalibrate unit every 60 days
Understanding the Ignition Interlock Device How your client interacts with the device How Vehicle interacts with the device Unit or Vehicle Failure Violation Proper operation and how it effects outcome/success
Unit Components Vehicle Module Replaceable mouthpiece Long cord Digital readout Audible alerts Hand Held Installed inside vehicle Interface between vehicle and hand held Detects tampers
INSTALLATION On average, the installation of the interlock device takes approximately 45 minutes. It can take up to 2 hours depending on sophistication of the vehicle electronics. Currently interlock devices cannot be installed on hybrids and newer vehicles are a little more difficult than older models.
What an Ignition Interlock Needs from a Vehicle POWER Purpose: Keep unit activated Power draw on battery 40 ml amps – when unit/vehicle off 2.5 amps – when key is turned 300 ml amps when vehicle is running Typical Vehicle Battery can put out 850 amps at any one time That Interlock keeps draining my battery!
What an Ignition Interlock Needs from a Vehicle Starter/Ignition Purpose: Allow the vehicle to start Once a good sample is given a signal is sent to the Vehicle Module and the defendant is instructed to “Start the Vehicle”. A relay (bridge) is engaged in the Vehicle Module that allows the current to flow to the starter and ultimately the ignition. At that point the interlock’s job is done – it’s now all up to the vehicle. This thing won’t allow my car to start
The ignition interlock device must understand that the vehicle is still running by receiving a constant electronic pulse A vehicle in good repair should provide a constant signal. CONSTANT PULSE SPORADIC PULSE I’m confused – pull over! The car must have been turned off and then on again without giving a sample! NOT A REPORTABLE EVENT What an Ignition Interlock Needs from a Vehicle Constant Signal
Cost Non-Camera Unit Fees $75-100 Installation $75-100 Deinstallation $75-125 Final Report $20 – 50 Recalibration Fee $75-125 Monthly Rental Fee Camera Unit Fees Same installation cost or slightly higher $115 – 250 monthly rental fee Home monitoring device – $90-350 monthly rental
Driving Test Have Ignition Interlock device installed Make an appointment with a State certified driving test service Obtain a temporary permit for the SOS Take Driving Test Return to SOS with Installation certificates and driving test certification to receive restricted license.
DEFENDANT’S RESPONSIBILITIES GIVE EVERY SAMPLE ASKED FOR AVOID POSITIVE SAMPLES HAVE DEVICE RECALIBRATED AT ALL SCHEDULED APPOINTMENTS
GIVING A SAMPLE Proper blow pattern Proper breath pressure Proper temperature Proper timing INVALID SAMPLE BY ITSELF NOT A REPORTABLE EVENT NHTSA Standards The Secretary of State nor Provider are allowed to modify the sample parameters or the device for any reason, including to accommodate a client's inability to provide a proper sample due to medical reasons.
Sample Requirements START UP No Time Limit RANDOM ROLLING “RUNNING” RETEST Within 5 minutes of request While Running Just Prior to or after turning ignition off Beep Beep Beep
Mouth Alcohol Mouth alcohol is residual alcohol that is present in the mouth or throat immediately following the consumption of food, drink, mouth spray or medicine that contains alcohol. Mouth alcohol can register on an interlock device as an alcohol- positive breath sample and can prevent the engine of the vehicle from starting. This is easily overcome by waiting a few minutes to allow residual alcohol to dissipate, similar to an evidential breath test. Drivers are advised not to consume anything 5 minutes prior to providing a sample and/or to carry a bottle of water to rinse out.
The Biology of Alcohol All alcohol is drawn to H 2 O which is in every cell in the body. How we test for alcohol Blood Urine Perspiration Droplets of moisture in breath
Environmental Alcohol Toiletries administered in vehicle Cleaning supplies Open gasoline containers or on hands Windshield wiper fluid Other chemicals and other types of alcohol Remedy – create an environment in vehicle that is clear of fumes. Wash with mild soap and water any contaminants on your person or clothing.
PROVIDERS’ RESPONSIBILITIES To Customer Necessary Documentation Routine Download/Recalibration Appts. 60 days SOS 30 days Court Advise on Appeals Completion of Program To Authorizing Agency Reportable Events Data Logs and photos
Reportable Events Skipped Retests - If not provided within 5 minutes Positive for Alcohol.025+BAC Failed Start Up – if clean sample not provided within 15 minutes Failed Retest – if clean sample not provided within 5 minutes Missed Recalibration Appointment - By 7+ days Removal of Equipment without authorization Remedy No news is good news – don’t jump to conclusions Appeal any decision = go to all available appeals hearings
Reporting BAIID Report Form Same form for all reporting Reporting is cumulative even from prior installation or program Reportable Events – SOS makes determination Annual Report (formerly “Final Report”) on bottom
VIOLATION? Administrative Hearing Section YOUR REVOCATION IS REINSTATED! Appeals Hearing LET’S TAKE A LOOK AT THIS
End of Program – Repeat Offender Must request another hearing (Form on line at michigan.gov/SOS) Same documentation needed as original hearing + Annual Report May have device de-installed when they receive approval letter If device is removed prior to authorization “Removal without Authorization” will be reported to the Secretary of State.
End of Program – Repeat Offender Sample Approval Letters
End of Program - HBAC HBAC must request an Authorization for Removal after their one year suspension is complete. Client mails in form (found on line) with other required documentation + Annual Report. Once the Authorization to Remove document has been received by the client they may contact the provider to set up an appointment for deinstallation. Restoration fee of $125 is payable at local Secretary of State office
New Technology - Camera Camera Units Who is taking the test? Not currently required by the Secretary of State but required by Courts
SAMPLE SUMMARY GENERAL DOWNLOAD SUMMARY COURT REPORTING For the period of04/22/2013 to 05/23/2013 Driver Name*** License Number*** Birth Date1969-06-00 Vehicle1996 Honda Accord Tag Number** VIN*** DealerMI Court 005 Vendor # Next Scheduled Download07/19/2013 ITEMCURRENT PERIODPROGRAM TO DATE * Monitoring Period (Days)3163 Engine On107224 Total BAC Tests98206 Pass98206 FAIL00 VIOLATION00 * As of 03/21/2013
New Technology – Daily Testing The offender will have the convenience of walking outside to their vehicle to provide their Preliminary Breath Test (PBT) The court could order as many daily tests as it would like Cost effective. Cheaper than providing PBTs elsewhere and offenders save on gas & time
Affordable Monitoring Option COURT SPECIFIES TESTING PERIODS No Activity During Specified Period Who is taking the test?
THANK YOU FOR YOUR ATTENDANCE QUESTIONS & ANSWERS SEMINAR CONCLUSION
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