Can a probation officer do this?

Asked about 1 year ago - Dallas, TX

so my husband just got placed on probation for dwi. condition of proba. to install breathalyzer with camera in vehicle, he is not allowed to drive period. I've been driving his everywhere. I failed to blow on the device because I had arrived at my destination and parked and figured it wasn't necessary he was with me in the vehicle. his probation officer violated him for that. can she do that even thought im the one driving it? today I got ready for work and used mouth wash, needless to say it failed because it detected alcohol. Can he get violated even though he is not in the vehicle?

Attorney answers (3)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Absolutely. He is ordered to have the device and every violation will be assumed to be him. Luckily the camera will save him, but probably not until after he's had a warrant issued, been arrested, and posted a bond. An attorney may be able to save him a trip to the jail. Most judges will allow him to switch to the HOME device, which is a handheld version of the Interlock, since he can't drive.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. James Richard Butler

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . I agree with Ms. Jaggers. Yes, the State can file a motion to revoke probation. It is a good thing that there was a camera which will show that it was not him blowing. The company that monitors the device will pull up those pictures to verify whether it was the probationer who was in violation.

    James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. Pardon my typing and or... more
  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . This will depend on what you can prove, but if he wasn't driving he's not likely in violation

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more

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