I was convicted of DWI, served my sentence in jail, and I have a suspended license. I'm not driving, but I have other people drive me around in my car. Can I get my interlock removed?
DUI / DWI Attorney
You need to ask Judge to order its removal. This is an interesting area that does not appear well understood around the state. The law requires the interlock be imposed, but is not very clear about when it can/should be removed. The result is inconsistency in application, which has some courts doing one thing and other courts having different policies. You will just need to get someone talking to the judge who sentenced you.
Criminal Defense Attorney
If you already served your sentence, isn't your case closed? How does the judge still have jurisdiction over you to impose it as a condition? Here, when there is a jail sentence, the court automatically enters an order to remove the device, as it was a condition of bond or probation, and you're no longer on either. Call the court or the attorney that handled your case when you got your conviction.
2 lawyers agree