Protecting Our Client’s Conditional Driving Privilege

Maintaining a conditional driving privilege is critical for those who rely on it. One of our clients faced the risk of losing his conditional license despite meeting the requirement of maintaining a Blood Alcohol Content (BAC) of .000. With the representation of a Dummit Fradin attorney, his privilege was preserved.

Our client had four DWIs, none within the past 23 years, and testified to abstaining from alcohol for over 20 years. Three years ago, he received a conditional restoration license requiring an Ignition Interlock device and a BAC not exceeding .000.

When our client was summoned to a non-compliance hearing, he sought Dummit Fradin’s expertise. At the hearing, the officer acknowledged that all BAC readings stemmed from mouth contaminants, not alcohol consumption. However, the officer controversially ruled that the client violated a vague policy regarding mouth contaminants, resulting in the revocation of his license.

Our firm promptly filed a petition in Superior Court to challenge the DMV’s decision. We secured a Temporary Restraining Order to prevent the DMV from enforcing the revocation. During oral arguments, we highlighted the improper admission of affidavits from Monitech technicians servicing the Interlock device.

The Judge ruled the affidavits invalid, leaving no evidence of alcohol consumption. Consequently, the Court issued a permanent injunction, prohibiting the DMV from revoking our client’s license.

Cringontact Our Experienced DMV Hearing Attorneys

If you’re facing a non-compliance hearing with the DMV, consult an experienced DMV hearing attorney immediately. At Dummit Fradin, our attorneys will meticulously review your case and explore all available options. Contact us today!