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How do you get a car when your license was suspended on DUI, you need an IID, but you don't have a car?

Eatontown, NJ |

I have been taking care of my good friend who hurt herself earlier this year in a terrible accident. She was under intensive care for a few weeks and could not work, and her car was totaled from the accident. A few days prior to the accident, she was pulled over and charged with DUI, but obviously did not go to court. She went to court AFTER she totaled her car. The court ordered her 1st offense DUI penalties to be license suspension of 6 months and afterwards and IID installation for 6 months. DMV and the court told her she needs to have an IID installed in her car to get her license back, but she does not have a car obviously. How can she go out, test drive, and buy a car if she doesn't have a license? She will install the IID as soon as she can get a car, but DMV won't help much.

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Attorney answers 3

Posted

This is a a common problem. She can have the interlock device installed on any car she regularly drives including a family member's car or friend's car. She could also have someone go with her to test drive the car before purchasing.

Asker

Posted

So would I have to test drive the car for her? Can she legally BUY a car even though she does not have a license? I am not installing an IID in my car, and she has no other friends or family members that are loaning her a car. A few of us have been chipping in and giving her rides to work. She lived over an hour and a half from where we work and our job gave her an ultimatum to either find a way to work or lose her job... so she has been staying with me until she gets a car and can drive from where she actually lives.

Posted

The DWI Statute does not seem to require the actual installation of the interlock. It requires that it be installed in the vehicle principally used by the person suspended for DWI. Her reinstated license will have this condition and if she is found driving she will be subject to the punishment in the DWI statute. By the way, the suspension had to be for 3 months or at least 7 months not six. If she does not own a car I do not think she has to install an interlock. But there must be an interlock on the vehicle she drives. So she could install it on another car. In short, I do not think you have to show a receipt for an interlock but she would be unable to drive for 7 months plus the interlock period. She would have to install it on a car owned by her or principally driven by her. I am not totally sure I am right but that is what the Statute says. One of my colleagues will correct me if I am wrong. How she can get a car without ID is another question but solvable in a number of ways.

Asker

Posted

I apologize, it is SEVEN months. Sometime this month will be the 7 month date from her loss of license. In NJ, it states that first offenses require this IID in the vehicle that the person is driving. She isn't driving right now, we are driving her to/from work. Her paperwork CLEARLY states in order for her to drive, she needs that IID installed in the car she is driving. She does not HAVE a car right now to install it. The paperwork also said to reinstate her license, she must prove she had the IID installed in her car. That is where our dilemma comes in. I am NOT installing this device in my car because I will not let her drive it anyway. I have a high performance sports car with much more HP/TQ than her smaller i4 car did and I know for a fact she won't be able to control/handle it. So again, how can she get her license reinstated without a vehicle with an IID? She does not have a vehicle to put it in, and the paperwork clearly says she must provide proof of installation prior to getting her license reinstated.

Mark M Cheser

Mark M Cheser

Posted

I do not believe she has to install the interlock unless she owns a car. Her license will be marked in some way so if she drives with no interlock she will be charged. She could ask the Judge or DMV but I believe if she reinstates her license and does not have a registered vehicle she will be ok in 6 months or however long the judge put the interlock on her. I do not think they can force you to drive or put an interlock on a car you could drive. I may be wrong. the paperwork may only apply to the normal situation. Mark cheser In a message dated 10/9/2011 11:32:33 A.M. Eastern Daylight Time, email@mail5.avvo.com writes: To view this email as a web page, go _here._ (http://click.mail5.avvo.com/?qs=82514ed375a53f9ad99c008e0620c4bc74a384887694a088bc246c2293578474ca28e962b f3d2ca8) (http://click.mail5.avvo.com/?qs=82514ed375a53f9a54261c096967a78fc93fadf665ae5d1c85d94151d804f3771201478970df4117) Someone has commented on your answer to question: How do you get a car when your license was suspended on DUI, you need an IID, but you don't have a car? Comment: I apologize, it is SEVEN months. Sometime this month will be the 7 month date from her loss of license. In NJ, it states that first offenses require this IID in the vehicle that the person is driving. She isn't driving right now, we are driving her to/from work. Her paperwork CLEARLY states in order for her to drive, she needs that IID installed in the car she is driving. She does not HAVE a car right now to install it. The paperwork also said to reinstate her license, she must prove she had the IID installed in her car. That is where our dilemma comes in. I am NOT installing this device in my car because I will not let her drive it anyway. I have a high performance sports car with much more HP/TQ than her smaller i4 car did and I know for a fact she won't be able to control/handle it. So again, how can she get her license reinstated without a vehicle with an IID? She does not have a vehicle to put it in, and the paperwork clearly says she must provide proof of installation prior to getting her license reinstated. _View Comment_ (http://click.mail5.avvo.com/?qs=82514ed375a53f9aea858a7c33d1b10f68343c9d1e2a88b6f87f22b536b4653465ee3f494aff3014) Or, reply to this email to add an additional comment. Thanks for participating on Avvo, The Avvo Team Avvo is on Facebook Stay up-to-date with our blogs, discover new professionals, and share with friends. (http://click.mail5.avvo.com/?qs=82514ed375a53f9a9952cff97f86c3d50dfceba444b022abeccb864dbc3bdd92f82eb9c782fe0fa3) Find us on: _Facebook_ (http://click.mail5.avvo.com/?qs=82514ed375a53f9a9952cff97f86c3d50dfceba444b022abeccb864dbc3bdd92f82eb9c782fe0fa3) | _Twitter_ (http://click.mail5.avvo.com/?qs=82514ed375a53f9ac6ff3591dab5337595f88c6923f49a42a14ad37 78316cbc4e7cef9ea2558a535) | _LinkedIn_ (http://click.mail5.avvo.com/?qs=82514ed375a53f9a86e6031b589a3dbcd769269898b788e5641373d36d1efdb55adf4e3a5935b bcb) | _Avvo Blog_ (http://click.mail5.avvo.com/?qs=82514ed375a53f9af5f1ec5f085c740b75df7d7a9587d483f8816d70e8dc1e4f7dacf96be3eb6d50) By replying to this email, you agree to comply with the _Avvo Terms of Use_ (http://click.mail5.avvo.com/?qs=82514ed375a53f9a8769add9cb0c093fdc00d3dba5a08ea4926e48a016c13656fb8e7c82fc94bfb9) and the _Community Guidelines_ (http://click.mail5.avvo.com/?qs=82514ed375a53f9ac3e08b4102cd34d4fd62e2bb389b2ac 40b01ca740a275e430c5171f6a0bdddeb) . You are receiving this email because you are subscribed to comment notifications. If you prefer not to receive these notifications, simply _unsubscribe_ (http://click.mail5.avvo.com/?qs=82514ed375a53f9a08d8e8ff33f648d7f46e4ce534bd311d21ed7342e2f6af0689a3407479e29107) . Please note: this message was sent from an address that cannot accept incoming email. If you would like to con

Posted

She needs to install the IID on any car she drives and present proof of same to the MVC to reinstate her driving privilege. There is no way around this requirement.

Answers to questions are for general purposes only and do not establish an attorney-client relationship.

Asker

Posted

Yeah... I got that. I'm not arguing it. The stipulation enlies in HOW she is supposed to OBTAIN a car to install the IID in the first place?! Nobody is answering that! She can't install an IID in a car she doesn't have!

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