Petitioner: Robbie Dale Wilson
Customer No.: XXXXXXX
Hearing Date: June 2, 2015
Hearing Officers: Gwen Hailey
Witness: Stacey Marie Wilson
HO Hailey: Okay. And Mr. Wilson uh we’re going to talk first about the Monitech Non-compliance Report dated on April 25th, 2014. Uh in which it shows that your required retest uh was a high-fail. Uh and this was on April 24th 2014 at 9: 18 a.m. It was a high-fail at a .01 uh so we’re going to go, there were four incidents with regard to this April 25th, 2014 Non-compliance Report. And the, can you explain why on uh April 24th, 2014 at 9:18 a.m. uh machine registered a blood alcohol concentration level of .01?
Robbie Dale Wilson: And that would be I was on my way to Elizabeth City and it actually locked me out. That machine has a mind of its own especially if my diabetes is out of control or high so it registered that the acetone in my breath. I did have a highway patrolman to pull up behind me who I requested uh him give me a blood alcohol test which registered a 0.0.
HO Hailey: Okay. Now…
Robbie Dale Wilson: Which…
HO Hailey: … okay what is the date on this cause I don’t see a date on this.
Robbie Dale Wilson: Yeah I was trying to find the date. The date is that morning.
HO Hailey: Uh okay I see XXXXXXXX.
Robbie Dale Wilson: That’s my birthday.
HO Hailey: Birthday. Yeah I don’t see a date in which this …
Robbie Dale Wilson: Uh he might have forgot to put it on there.
HO Hailey: Okay it’s 4/24/2014.
Robbie Dale Wilson: I know it’s the date registered on that one.
HO Hailey: Uh at, at 9:46 a.m. okay so um this report from Trooper S. D. Vaugh of the North Carolina State Highway Patrol in Randolph County states that I stopped to check uh out this vehicle on Thursday 4/24/2014 at approximately 9:46 a.m. Mr. Wilson said his Monitech breath analyzer had locked him out from driving his vehicle for 45 minutes. I checked Mr. Wilson on my AlcoSensor type 4 series 026048 at 9:49 a.m. and registered a .00. Now at 9:49 a.m. that was hmm let me see uh …
Robbie Dale Wilson: It was probably about 20 minutes after.
HO Hailey: It uh actually it was more like 30 minutes afterwards.
Robbie Dale Wilson: But your blood alcohol is not going to change that much. Not in the time, I’m just saying I’m …
HO Hailey: That’s your argument sir?
Robbie Dale Wilson: No, I’m just saying that those machines are not accurate and that is according to the company themselves.
HO Hailey: Okay do …
Robbie Dale Wilson: They say they can’t…
HO Hailey: …do you have information with regards to that?
Robbie Dale Wilson: No because they will not give it to me. They’re not going to admit to their machines.
HO Hailey: Okay. Alright.
Robbie Dale Wilson: I mean but I do know for a fact you can take a swallow of anything go out there and blow in the machine and you will register.
HO Hailey: Okay.
Robbie Dale Wilson: Also I had, I do have where diabetes affects the machines, effects what comes out of your breath.
HO Hailey: Okay.
Robbie Dale Wilson: But the machine doesn’t get you know like if a bre-, if it sees anything that machines going to pick it up. And .01 if somebody’s drinking which I don’t drink not any, any, I mean I’ve quit for the past 5 years and if you’re drinking you’re going to be a lot higher than .01.
HO Hailey: No nee-, not necessarily sir.
Robbie Dale Wilson: If you take…
HO Hailey: We are trained, we are trained on how to read these loggers…
Robbie Dale Wilson: I…
HO Hailey: …okay so we know exactly what is true blood alcohol, and what is not true blood alcohol. And a .01 may under certain circumstances violate your conditional restoration if you are, if you have a restriction of .00 true blood alcohol…
Robbie Dale Wilson: Uh huh.
HO Hailey: … so we’re trained on how to analyze true bl-, blood alcohol…
Robbie Dale Wilson: Uh huh.
HO Hailey: … based on the loggers, okay.
Robbie Dale Wilson: But the loggers not true blood alcohol. In order to get true blood alcohol you have to have an NIR spectrometer. And that’s according to four doctors whom I r-, who I have as clients. That breathing …
HO Hailey: Who is …
Robbie Dale Wilson: … is like uh after effects. All its doing is picking up you know pa-, particular that are in your breathing.
HO Hailey: So if I understand correctly you’re saying that the uh oh that the uh the high-fail of .01 on 4/24/14 was due to your diabetic condition?
Robbie Dale Wilson: It is due to diabetes or possibly I didn’t rinse out good enough after I ate a cracker cause was on my way to Elizabeth City …
HO Hailey: Hmm.
Robbie Dale Wilson: … so I ate a pack of crackers for breakfast. I believe I would like to stop this hearing and get an attorney to represent me at this point.
HO Hailey: Um.
Robbie Dale Wilson: I request counsel.
HO Hailey: Okay. Um I need to call my supervisor and see if that is possible because typically we need 48 uh 24 hours notice um …
Robbie Dale Wilson: Okay it’s just your being a little more difficult than the lady in Hickory that I dealt with, the last Examiner. See I’ve had this done already and she …
HO Hailey: I, I understand sir.
Robbie Dale Wilson: … ??? And I mean she, she agrees, she knows that. I mean she’s been doing it a lot of years.
HO Hailey: I understand.
Robbie Dale Wilson: And she knows. Okay I’m just trying, I’m trying to make my case.
HO Hailey: I understand sir so um so because you think that I’m going to rule against you, you want an attorney. If that, that’s the understanding?
Robbie Dale Wilson: Yes.
HO Hailey: Because you think I’m going to rule against you …
Robbie Dale Wilson: That’s just what I’m, yeah.
HO Hailey: … want an attorney?
Robbie Dale Wilson: That is correct.
HO Hailey: Okay. Well um…
Robbie Dale Wilson: I mean it doesn’t …
HO Hailey: … what we’re going to do is go forward with the hearing.
Robbie Dale Wilson: Okay.
HO Hailey: Okay. And I am then going to consult with my supervisor and if he tells me to go forward with my decision I will go forward with my decision. If he tells me that you to allow you to have an attorney then I will um uh then I will reschedule, okay.
Robbie Dale Wilson: Okay.
HO Hailey: Alright. Does that make sense?
Robbie Dale Wilson: Uh hmm.
HO Hailey: I think that’s an excellent compromise okay and that way I, because you’re taking the space of somebody else who could have been here you know this morning. Okay. Okay.
