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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I had an interlock condition on my license in 2010. But I misinterpreted

Customer Question

I had an interlock condition on my license in 2010. But I misinterpreted the condition thinking that I need to install the interlock for 1 year within a period of 10 years. Last month I was pulled over at a random booze test and the police is said this is a breach of interlock program and I'm going to the court in 2 weeks. What will be consequence of this? I'm planning to lead guilty on the grounds of ignorance and lack of understanding on the interlock program.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
If you have breached the order they can impose the disqualification period that applied at that time and a fine.
I suggest you please guilty and give the court a detailed explanation and show how you misinterpreted the orders.
Were you represented last time?
Customer: replied 1 year ago.
Not last time but i'm this time. What do you mean by 'they can impose the disqualification period that applied at that time and a fine'
Customer: replied 1 year ago.
What's the worst that can happen? Practically I've been driving for the last 6 years without interlock. Do you think the magistrate would accept my plead on misinterpreting the orders.
Expert:  Leon replied 1 year ago.
Good Afternoon
Being self represented last time will give your incorrect understanding more credence.
They had a choice last time to put you on interlock or give you a longer disqualification period.
Breaching the order you will not be given the disqualification period.
They can also fine you for the breach.
I hope this is clearer?
Customer: replied 1 year ago.
Sorry but it is still not clear. I'm hoping for a fine and continue to finish the interlock program which was for 1 year. Do you think this would be an outcome? or will the magistrate be harsh and give me extended period of interlock (4 years) and a hefty fine?
Expert:  Leon replied 1 year ago.
Good Morning
Yes they can do that as well.
But the worst is what I have told you.
How long were you to be on the program for?
How long ago was the order made and how long were you on it?
Customer: replied 1 year ago.
I was imposed the interlock for 12 months in 2010 but i only installed it 2 months ago after i was pulled over by the police and said that i need to get it installed straight away and will have to go to court. I have my court date next week.
Customer: replied 1 year ago.
My concern is about the extended period of interlock and imprisonment. I'm ok with the fine and finish the remaining 10 months of the program. What are the chances?
Customer: replied 1 year ago.
?
Expert:  Leon replied 1 year ago.
Good Afternoon
They wont send you to jail.
They amy increase the interlock period.
The order would have said when you have to install the interlock device.