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The Situation:
I have run into a situation from the state of NM and am not sure if I need a lawyer to fix this now or not. I got a DUI in 2006 in the state of Florida. I paid all my fines, took the schooling required, went through the entire process,and got my normal license back in Florida. I then moved to NM several years later. After not so much as a parking ticket for five plus years.
When arriving in NM almost 6 years after my offense I was told I would have to surrender my license again and have an interlock device installed due to state laws. I complied had the device added to my vehicle for the “1 year period” at a substantial cost, after nine months of having it in my car, I had to move to Massachusetts due to my other half being moved for work. I called the DMV to get guidance, they directed me to someone in charge of the interlock system in the state. I have her name written down, but for now I guess not important. She stated I would have to pay the interlock company the remainder of the year, have it removed and then not drive my vehicle for the remaining time. She told me they would not release my license until the year was up and I would have to have my car towed to Massachusetts and not drive at all until May 15th 2014. I did that at a cost of over $2200.00, it was the law (double jeopardy if you asks me), I complied. She stated at the end of a year I would have to pay a fee to NM of 100.00 to have my license reinstated. At the end of the year I paid the fee and had my license reinstated I thought.
I went to the DMV here in Massachusetts and they had me get my driving record from NM so they can process a license for me. NM states I am clear and can fly there and get a new license, but they can not remove the restriction for interlock though they say I have done everything correctly and am able to get a license. They say the system will not allow them to remove the restriction but I am clear to get a license. Massachusetts DMV says they can not process license without the restriction being removed and the two agencies were literally arguing over the phone with each other. MA says they should just remove the restriction and NM says the system does not allow that, I would have to fly back there and get my license renewed there then move out of state.
This has been a nightmare from the start. I am no longer a resident of NM and in order to renew my license there, I would have to purchase a round trip plane ticket, then I would have to lie and state I am a resident, however they will not allow my license to be reinstated in another state or remove the restriction, even through I have completed the year and done everything thing they have asked. I am lost as to what to do next. What I would like to do is sue the state of NM for all my time and energy lost and for “Double Jeopardy” though I am sure they have some justification as to why they are able to penalize a person who has already paid the price once, with a law they created to be backwards compatible, and create more funds for their broke down state.
Is this the kind of situation you handle? What kind of costs would be associated with getting this fixed? For this same DUI offense I have now paid in the state of Florida to the tune of approximately $9000.00, the state of New Mexico six years later, to the tune of another $4500.00 including the interlock installation, check ups removal and towing of my vehicle, fees and state gouging. It appears I will now have to hire an attorney because the two states can not agree on how the system works, both sides agree I should be able to get a license and both blame the other for the reason that its not able to be processed.
The Answer:
MassDOt does not have this record blocked in the NDR and there is no suspension in effect in Massachusetts. Therefore, this person should be able to get a license in his state of residence. He is not IID required under Massachusetts law, because he only has one (1) operating under the influence conviction.