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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I have a smart start device and a had a fail violation. I

Customer Question

I have a smart start device and a had a fail violation. I just had dental surgery and used a rinse and blew. I am no longer on probation and I have three months left with the device. I go to smart stratt tomorrow for the calibration. What do I tell them? Will I be charged with an additional DUI? I do not know what the reading is. Will I be entitled to a hearing. Do I need an attorney now? I live in NC.
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.


This is Samuel and I will discuss this and provide you information in this regard.

I suggest that you will want to have your dental records on you to show you had surgery, and the date. That way you can show them that you were rinsing with the mouth wash as instructed on the same day as the violation. I suggest you will also want to have the brand of mouth wash you were using so that the alcohol content can be analyzed. Not all mouth wash contains enough alcohol to cause a violation.

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here.

Thank you

Customer: replied 2 years ago.
Can I ask you if you know what happens next?
Expert:  Sam replied 2 years ago.

Thank you

If the service company feels that your violation is valid, they will report it to the court where the order was issued, they will also notify your probation agent, even though you are technically finished probation. A hearing will be set and the evidence presented. The court can impose a sentence that includes any remaining time you have left from the date of the violation. And you could be ordered to spend it in jail.

Expert:  Sam replied 2 years ago.

I suggest that if you get the notification that it is going to court, you consult with a local attorney for representation.