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xavierjd
xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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when can i expect the court to allow removal of ignition i

Customer Question

when can i expect the court to allow removal of ignition interlock
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you.

How many DUI convictions have you had?

Did the judge place a length of time as to how long your ignition interlock had to be on your vehicle?

Thanks
Customer: replied 2 years ago.
just one dwi. completed probation 2/10/2012. probation conditions state interlok to remain on vehicle until court approves removal.
Expert:  xavierjd replied 2 years ago.
The judge has much discretion when setting the terms of probation, including but not limited to, requiring an ignition interlock. With a first offense DUI, an ignition interlock is NOT required, but the judge does have the authority to order it.

You may wish to speak to your probation officer. You may be able to ask for a Probation Review Hearing. If you have not had any positive bac's, have had no other probation violations, and have met all other conditions (including paying fines and costs), you can ask to have the interlock removed. Your probation officer may recommend (or at least not object to) having the interlock removed. At the hearing, your probation officer and/or you can indicate that you have been successful on your probation. You can even ask to have your probation terminated early (if it is for more than one year). If your probation is for only 1 year, there should be a review of your probation. If your probation is terminated, the interlock will be removed.

If your probation officer says that you must file a Motion, that means that you have to file a request IN WRITING to have the interlock removed. It would be called "Motion to Remove Interlock." You have to use numbered paragraphs. You should put what you were convicted of, when you were convicted, what the terms of probation were (including the interlock), that you have complied with all terms of probation, you have not consumed alcohol and that you have had no positive alcohol readings. You then need to ask that the interlock be removed as a term of your probation. You can site the costs, etc. and that you have learned your lesson. You can state that the interlock has become a financial hardship on you and your family, etc. If you probation is for more than one year, you can ask that it be terminated (because of your success) or that it be turned into non-reporting probation (if you currently have to report to a probation officer on a monthly, bi-monthly, etc. basis).

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

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