Orange County Superior Court Judge Fell ruled today that a license restriction with an IID should be issued to any California driver meeting the qualifications of the Vehicle Code regardless of when the date of the DUI offense or DUI conviction took place.
This Roach v. Valverde case (Number 10-394305) was filed by one of the leading California DUI & DMV attorneys, Chad Maddox. DMV blindly contended the new amendment to Vehicle Code section 13352(a)(3)applied only where the date of violation occurred after the 7/1/10 effective date.
Last week, a Marin County California Superior Court Judge reached a similar second offender DUI restriction result.
Isn't it time the DMV caught on? Public Safety would be improved with ignition interlock devices.
DMV's stubborn insistence means folks may drive around without devices which would otherwise prevent a vehicle from starting if the driver had alcohol on his breath!
It may take a courageous Judge imposing attorney fees under Government Code section 800 to get DMV to rethink their jaded position?