Check out some similar questions!

Michellerenee · Jan 20, 2008, 12:53 PM

Is there any way to get around having this special license for a year? My court sentence has been completed. Pa. still will punish me further, how can this be?

JudyKayTee · Jan 20, 2008, 02:28 PM

Originally Posted by Michellerenee

Is there any way to get around having this special liscense for a year? My court sentence has been completed. Pa. still will punish me further, how can this be?

Was the special lock system part of your sentence? It is also possible that under Pennsylvania law the lock system is mandatory for one year for people convicted of your offense.

You could also complete your Court sentence and discover that your particular State will not renew your driving privileges or has revoked your license. That's State law in some jurisdictions.

(I would guess your auto insurance premium is going to be a killer!)

Michellerenee · Jan 20, 2008, 03:51 PM

No, interlock was not part of my sentence. However, I must abide by all the terms and conditions of the Intermediate Punishment Program, and this is where the interlock comes in. I truly believe that I am being punished twice.

JudyKayTee · Jan 20, 2008, 04:32 PM

Originally Posted by Michellerenee

No, interlock was not part of my sentence. However, I must abide by all the terms and conditions of the Intermediate Punishment Program, and this is where the interlock comes in. I truely believe that I am being punished twice.

Are you talking some form of driving while intoxicated? I suppose the interlock is better than losing your License.

Why are you upset by it? Just the "double punishment" idea?

Michellerenee · Jan 20, 2008, 06:13 PM

Yes, that is what d.u.I. is. I am upset because I have not had a license since Feb. 2006, which constitutes my sentence from court. now PennDot requires a special license for another year which I call a "drunk liscense" that would allow me to only drive vehichles that have the interlock device installed. It is a bunch of state political crap that I am stuck in for now. Thanks, Michelle

J_9 · Jan 20, 2008, 06:27 PM

Michelle, in consideration of Judy, you never mentioned it was a DUI, those that don't know you had to guess.

Now, since you had a DUI you must abide by everything your state sets forward for your to get your license back.

Sorry you have to go through all of this, but you did commit the crime. You have to do what is ordered by the state to get your rights restored.

You committed the action, now you have to suffer the consequences.

Michelle, you know I have never treated you with kid gloves and I tell it to you as I see it. While I don't mean to sound harsh, I speak reality.

There are responsibilities to our actions. You committed a crime that put many lives in danger, now you have to earn the trust and respect back that you lost.

I saw your other post about trying to circumvent the system and going to another state. You should be ashamed.

I'm really appalled at the amount of people who break laws and think that the laws don't apply to them.

JudyKayTee · Jan 21, 2008, 07:38 AM

Originally Posted by Michellerenee

yes, that is what d.u.i. is. I am upset because I have not had a liscense since Feb. 2006, which constitutes my sentence from court. , now PennDot requires a special liscense for another year which I call a "drunk liscense" that would allow me to only drive vehichles that have the interlock device installed. It is a bunch of state political crap that I am stuck in for now. Thanks, Michelle

This concerns me - you were asking about a License in another State so you don't have to have the interlock system - ? Saw the other post. Looks like you didn't learn very much about trying to beat the system (such as DUI).

Sorry but don't drink and drive and you won't have to worry about an interlock system in ANY car you operate. The State of Pennsylvania is welcome to put an interlock system on my car any time they want.

Maybe instead of complaining about "State political crap" you should look at why this is so important to you.

Was this for your first DUI? I think a year suspension and then a year with the interlock is a pretty harsh sentence for a first charge when it's Under the Influence and not Intoxicated unless there was an accident with injury or something similar.

Michellerenee · Jan 21, 2008, 04:50 PM

Just to clarify some issues: first, I firmly believe for "those who do the crime, must do the time", second, I have already done my time according to the court! Now, the state of Pa. wishes to impose further punishment! I think that is unjust! Does anyone agree? Third, Would anyone care to pay for this "unjust" political crap! Please, get the facts before you all condemn. Thank you, Michelle

Michellerenee · Jan 21, 2008, 05:59 PM

Originally Posted by Michellerenee

Is there any way to get around having this special liscense for a year? My court sentence has been completed. Pa. still will punish me further, how can this be?

I have not had a driver's license since 2-2-05. I do believe that constitutes 18 months, which was my sentence

ScottGem · Jan 21, 2008, 06:02 PM

On one hand I understand what you are saying. You were convicted and sentenced and fulfilled the terms of your sentence. Having done your time you expect the restrictions to be removed.

On the other hand, Alcoholism is a disease that you can't be cured, just controlled. If you had a physical disability that required a specially modified car, you might not think twice about it.

So don't look at this as continued punishment, but simply a modification for your disability.

Michellerenee · Jan 21, 2008, 06:08 PM

Sorry to cause confusion by not fully explaining, Pa. will not accept my time of no license as time towards having a "drunk liscense", which you must have for one year. I would only be allowed to operate cars that have the interlock device installed (at 1200 dollars). Now, I ask, what is the difference in having this "drunk liscense" for one year, or me not having a regular license for one year?

froggy7 · Jan 21, 2008, 06:51 PM

Originally Posted by Michellerenee

Sorry to cause confusion by not fully explaining, Pa. will not accept my time of no liscense as time towards having a "drunk liscense", which you must have for one year. I would only be allowed to operate cars that have the interlock device installed (at 1200 dollars). Now, I ask, what is the difference in having this "drunk liscense" for one year, or me not having a regular liscense for one year?

The difference is that in one case, you aren't driving at all. (Right? You didn't drive on a suspended license, did you?) That's the punishment phase. The other is more like probation... you've done your time, but the state still doesn't quite trust that you won't do it again. So they want to see for a year if you are willing to not drive drunk. Consider it a learning experience. If I understand correctly, the interlock system will keep the car from starting if you are intoxicated. So you can use this next year to learn how to drink responsibly, what options there are for alternative transport, etc. This may help you learn when you need to not drive, because I've seen a lot of people who think that they are less intoxicated than they actually are.

JudyKayTee · Jan 22, 2008, 06:36 AM

Originally Posted by Michellerenee

Just to clarify some issues: first, I firmly believe for "those who do the crime, must do the time", second, I have already done my time according to the court! Now, the state of Pa. wishes to impose further punishment! I think that is unjust! does anyone agree? third, Would anyone care to pay for this "unjust" political crap! Please, get the facts before you all condemn. Thank you, Michelle

Why do you feel the lock is political crap? If you feel this is excessive punishment, you DO have the ability to go back to Court and attempt to get it set aside. I am surprised that your Attorney and/or the Court did not advise you that the lock would follow the sentence. Often it's suspension followed by counselling. Did you enter a plea (in which you should have agreed to this) or were you sentenced?

So that I have all the facts and don't judge you - At least in NYS DUI (which you refer to) and DWI (which I referred to) are two different charges - what was your blood alcohol level? Was a personal injury involved? Was an accident involved?

Again - why are you so upset by this and why are you questioning the means to obtain an out of State license to avoid it?

Do you continue to drink and drive?

I'm not questioning that alcoholism is a disease; I do believe drinking to excess is not - and I don't know how anyone tells the difference.

JudyKayTee · Jan 22, 2008, 06:58 AM

I just looked at Pennsylvania Law again - The law requires an individual convicted of a second or subsequent DUI offense, regardless of the date the offense occurred, to have an approved ignition interlock installed on each motor vehicle they own, operate, or lease for one year before they are eligible to apply for an unrestricted driver's license.

This has been on the Pennsylvania books since 2003 - someone HAD to advise you on the first offense that if you were found guilty a second time you were facing the mandatory restriction (the usual restriction is 12 months, it can be extended beyond that, for whatever reason yours was extended to 18 months) and someone HAD to advise you upon your conviction the second time. In theory the first warning keeps you from having the second offense - you are NOT locked out on a first offense.

If not, go back to Court and protest - but you are not going to win because it's by Statute and automatic.

Michellerenee · Jan 22, 2008, 12:13 PM

Originally Posted by JudyKayTee

Why do you feel the lock is political crap? If you feel this is excessive punishment, you DO have the ability to go back to Court and attempt to get it set aside. I am surprised that your Attorney and/or the Court did not advise you that the lock would follow the sentence. Often it's suspension followed by counselling. Did you enter a plea (in which you should have agreed to this) or were you sentenced?

So that I have all the facts and don't judge you - At least in NYS DUI (which you refer to) and DWI (which I referred to) are two different charges - what was your blood alcohol level? Was a personal injury involved? Was an accident involved?

Again - why are you so upset by this and why are you questioning the means to obtain an out of State license to avoid it?

Do you continue to drink and drive?

I'm not questioning that alcoholism is a disease; I do believe drinking to excess is not - and I don't know how anyone tells the difference.

I have all the facts for you, in another letter. M.

Michellerenee · Jan 22, 2008, 12:24 PM

Hello, here are some actual facts.
First, I believe it is mostly a money making scheme for the Commonwealth of Pa.
Second, I entered a guilty plea, walked over to the probation office and they took over
Third, my BAC was +16, with no injury or accidents, 2nd DUI
Fourth, I have not used alcohol since June 27, 2005
Fifth, I turned in my license 2-2-06

ScottGem · Jan 22, 2008, 12:40 PM

While I won't argue against this being more for making money for the state, then preventing accidents, the point is really moot. The fact is that it is the law and even if someone was remiss in explaining it to you, it still exists.

JudyKayTee · Jan 22, 2008, 12:59 PM

Originally Posted by Michellerenee

Hello, here are some actual facts.
first, I believe it is mostly a money making scheme for the Commonwealth of Pa.
second, I entered a guilty plea, walked over to the probation office and they took over
third, my BAC was +16, with no injury or accidents, 2nd DUI
fourth, I have not used alcohol since June 27, 2005
fifth, I turned in my liscence 2-2-06

Again - why do you think Pennsylvania is making money from the interlock program? Pennsylvania doesn't install the interlock systems - they are installed by private contractors licensed to do so.

If you were arrested once and then found guilty of a second - or pled guilty to a second - DUI (particularly a 16 blood alcohol) that's why the system must be used - it's Pennsylvania law.

Again - if you are not using alcohol, have not had an alcohol since June 2005 why are you asking about getting a License in another State so you don't need to use the interlock device?

Michellerenee · Jan 22, 2008, 01:28 PM

I guess it is merely a political issue with me. I just wonder how many judges and other supreme beings from the state of Pa. that had this device installed. So, it is not a matter of drinking alcohol, but a matter of Pa. law, with which I have to deal with. When things like this happen to me, I just think "thank God I'm not living in a cave in Iran"

J_9 · Jan 22, 2008, 02:15 PM

Michelle, it's a matter of economics.

You see, it costs the state money when a person gets arrested with a DUI/DWI. It costs the state time off the roads for the police officers who have to write this up, investigate, haul the offenders off to jail. Then it costs the state dollars to house the people who are arrested.

Now, should the taxpayers pay for all of this? Or should the state find the money elsewhere? Specifically from the people who broke the law in the first place.

Someone has to pay for this. Do you think the law abiding citizens should pay for this?