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?
Criminal Defense Attorney
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 be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
3 lawyers agree
DUI / DWI Attorney
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 offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
7 lawyers agree
DUI / DWI Attorney
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 grammar,I am sending from my i-phone.I only represent people accused of DWI in Texas. My answer is based upon the limited amount of information supplied in your question. The answers I give on this site are intended for general educational purposes only. If you already have an attorney, I always suggest that you consult with that attorney first.
6 lawyers agree