I received an order of suspension from the DMV for failing to comply with terms of IID device , I called Smart Start and they said that the car was operated with a BAC . I was not behind the wheel when the unit registered a BAC , but a friend was , who had no record and should have been totally legal for him to drive as long as the car started , . Also the car is registered under my mom's name and she may have done it as well . I personally never tried to start the car myself with any BAC , If I would have known this is how they monitored it , I would have never let anyone drive car . I hope there is some way I can get this cleared up
Administrative Law Lawyer
You will need your mom and/or friend to write a statement to Smart Start and the DMV indicating they were the ones with a BAC who started the vehicle. Unfortunately, it is your responsibility if you had the IID registered in that car under your name.
Seth Weinstein, Esq.
Practicing throughout Southern California
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
Criminal Defense Attorney
Along with the order of suspension, should have been a notice to request a hearing within a certain time frame. You need to request the hearing before that allowed time expires. The assistance of an attorney is probably critical, even though there are no provisions for appointed counsel in the case of DMV hearings.
DUI / DWI Attorney
You need to request a hearing.