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LawTalk
LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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My grandson was convicted of a DUI in 2011 for THC use. His blood test was "lost&quo

Customer Question

My grandson was convicted of a DUI in 2011 for THC use. His blood test was "lost" for about 6 months, but he had to appear in court each month in case the results showed up in the system. After a year of court, he was finally found guilty when the results finally came back. He moved to Florida after the conviction and was paying his fines (over $2000) each month until a warrant was issued because he did not complete the MADD class. He paid his fines yesterday (with my help) and is registered for the MADD class and a court date to quash the warrant.
My specific question relates to the Interlock Device that DMV is now requiring to be placed on a car for 8 months before he can get a drivers license. Is there any way to contest this? He is a first time offender and does not own a car at this time. The DMV agent said this requirement never expires until he complies
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

Good morning Gail,

I'm Doug, and I'm very sorry to hear of your grandson's situation. My goal is to provide you with excellent service today.

I do empathize with the situation that your grandson is in, and it is wonderful that you are willing and able to assist him in meeting the court imposed obligations.

If he has a court date set to go and see about clearing the warrant, that is great. If there is not a court date set yet, then he may have to first post a bond to have the warrant lifted.

He may contact the criminal court clerk’s office at the courthouse and ask what the amount of bond is for the warrant.He will then need to post the bond on the bench warrant, or arrange for the bond to be posted.The bond is often between $500 and $1,000, cash only, and then he will get another court date to appear to answer to the underlying charge.

As he is not in the state of AZ any longer, he can have a friend post the bond, or a local bail bond, or even a local attorney.

I'm very sorry, but while the interlock system is not mandatory under the law, if the judge imposed it when your grandson was sentenced, as part of the penalty, then there is no way to have that requirement waived under the law. That would have had to have been done on appeal, and the ability to appeal ended 30 days after your grandson was sentenced.


You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Customer: replied 1 year ago.

Sorry, I should have mentioned that he is now in Arizona. He has paid the fees, and has a court date set already for July 9th to take care of the warrant..


The DMV agent said that the interlock system is required by them if a DUI has been committed. The DUI Order and Judgment does not mention anything about an interlock device so I don't think it was court ordered.

Expert:  LawTalk replied 1 year ago.
Hi Gail,

I'm glad that he is back in AZ and can deal with all of this.

I must apologize. I'm afraid that I misspoke when I mentioned the interlock not being mandatory. The law in AZ changed in the late 2000's and was made mandatory---so because your grandson's conviction was in 2011, by then the interlock was mandatory.

However, the DMV does not hold the ability to mandate an interlock device. That can only be mandated by the court---which now is done automatically.

And as it appears that it was ordered, and he didn't appeal the sentence, then I'm afraid that it is too late to do so now.

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27888
Experience: 30 years legal experience
LawTalk and 6 other Criminal Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Gail. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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