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After taking cough medicine, I blew into my interlock device without thinking, and gave me my 1st violation. I am terrified.

Dallas, TX |

I plan to tell my probation off. , but do I have any way to appeal what the device registered?

Attorney Answers 3


  1. You need to immediately notify your probation officer; they will know anyway because they will receive a report.

    They have heard 1000 times the excuse about cough medicine. There is no way to determine what set it off.

    I strongly suggest that you be in complete compliance with the balance of your probation and that you not make any additional mistakes.

    Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.


  2. Hello there,

    I completely agree with the other attorney's response.

    Also, you need to discuss with the interlock provider what other substances can make your interlock give a false positive.

    All kinds of things from Honey Buns to Dr. Pepper can interfere with the machine and give a false positive. Be careful.

    Sincerely,

    Erick Platten

    PLATTEN LAW OFFICE
    304 WEST RUSK ST.
    TYLER, TEXAS 75701


  3. Unfortunately, the device (and your PO) only know that it was triggered, not what substance triggered it. Explain to your PO what happened and do all that you can to be conscience of things like this during the remainder of your probation.

    Good luck.

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