Can I avoid having an interlocking device installed if I can prove that now that I'm pregnant, it may put undue stress on me?

Asked almost 3 years ago - Winston-salem, NC

I haven't been charged yet, but am trying to get pregnant and wonder if I am pregnant at the time of being charged, can my lawyer use the grounds of my new pregnancy for a reason to not have to have an interlock device installed, since one, I will not be drinking for almost a year, if not longer and two, it could be stressful to have to work the device all of the time?

Additional information

I meant convicted...obviously, I have been been charged...it's been continued since February.

Attorney answers (2)

  1. F. "Bill" William Powers

    Pro

    Contributor Level 17

    Answered . It seems likely the North Carolina Department of Transportation / Division of Motor Vehicles (DMV) wouldn't find the Ignition Interlock Device (IID) overly stressing, either on a physical or emotional basis. The Courts would likely join in such opinion.

    In reviewing the machinery itself and having personally blown in more than one IIG, AlcoSensor, etc., I personally have not found the blowing process or testing protocols to be overly intrustive. They indeed may be frustrating, time consuming and more than a bit embarassing.

    It certainly is creative; but, I don't think that would sway many at DMV or in the Courts.

    Sorry!


    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background.

    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the... more
  2. Ted Harvatin

    Pro

    Contributor Level 19

    Answered . What is so stressful about blowing into a plastic mouthpiece?

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