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Legalease
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 14451
Experience:  13 years experience in criminal law, BA in criminal justice
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Had an interlock device placed on car at beginning of this

Customer Question

Had an interlock device placed on car at beginning of this month. Have failed a few times as I learn how to live with device. Should I be concerned about the ramifications of this?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Legalease replied 2 years ago.

Hello there

 

Yes you should be concerned about the times that you fail with the interlock device and if you were not actually attempting to drive the car while intoxicated (you were simply messing around with it or testing it) then you should keep a log of the dates and times that this happened and if there are any witnesses to what your condition was at the time that these failures happened then you should have their names and get them ready to testify in the chance that you might be summonsed back into court regarding these failures. At this point because you have the failures and they are already logged on the device and most likely with the court/probation there is not much you can. In future, stay away from it if you have had anything to drink -- period -- and let someone else take over the wheel to the car.

 

 

---MARY

Customer: replied 2 years ago.
I am not currently on any Probation as I was convicted and sentenced years ago. I have no PO, this is simply a DMV issue. I was under the impression the device was more of a cautionary tool and did not realize the severity of the logging process. The failures were are morning after type situations and I have learned that lesson. I am more concerned about the DMV ramifications such as a second revocation. Have you heard of anyone having trouble in this way or similar situations?
Customer: replied 2 years ago.
They were also all fails which merely resulted in temporary lockouts and after waiting a brief time period the tests were passed. I never was required to bring the vehicle in for blowing at or above the legal limit.
Customer: replied 2 years ago.

UPDATE

I spoke on the phone with the DMV and there is no penalty for temporary lockouts. The only time they will send a non-compliance letter is if a "rolling re-test" is failed. Otherwise there will be no letter sent. Thank you for attempting to answer my question I appreciate your time.

Expert:  Legalease replied 2 years ago.

Hello again

 

I apologize that it took me this time to get back to you -- I was out at lunch and have just returned. I have had some clients that have had some issues with the morning after breath test and a few other different situations but for the most part the clients were on probation or parole and the devices were installed as part of that sentence and compliance. You are lucky that you actually got through to the DMV that quickly (do you have a direct telephone number to the DMV or something ?? --LOL -- Most people can call for days and never get through). I also apologize for not being very helpful but the thing with these devices is that the manner in which they are used varies greatly from state to state and I think that is perhaps the reason why it took such a long time for an attorney to pick up the question in the first place. Please do NOT press the accept or submit buttons below (I have no choice but to post this message with the answer box, but I do not want you to press accept) I will forward this along to customer service so that a refund can be processed for you and I hope that you will consider using Just Answer again with any legal, medical, veterinary, home improvement and several other categories that we have hundreds of experts waiting to answer questions for you in. Best of Luck to you with this.

 

--MARY

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