Dui and Child endangerment Oct of 2004. Was charged by courts and found guilty. 1st dui and 1 count child endangerment. DMV counts this as 2 Dui's and says I must take Dui class,Clinical Evaluation and Ignition Interlock installed. Can the Ignition interlock be waived by the court so I can get my license reinstated?
I may be a little confused about your question. If you are asking whether a portion of your sentence can be waived five years after the fact the answer is generally no. You should contact your attorney at the time and explain your current circumstances. There are some instances where a court may modify a term of probation after a sentence has been imposed but rarely after this much time has passed on misdemeanor charges. Georgia has plenty of good DUI attorneys that can assist you deal with the situation or tell you that there is nothing that can be done. Good luck to you.
Criminal Defense Attorney
I agree with Mr. Hames, contact your attorney that assisted you with the case. If you did not have an attorney contact a local DUI attorney who can assist you in reviewing your sentence and discussing possible solutions today. It "may" be possible to modify the ignition interlock, but it would be VERY difficult to do so. Even if you don't own an automobile, it may be easier to buy a clunker to install an ignition interlock into than it would be to get a waiver, especially after this much time has passed.
DUI / DWI Attorney
Because this counts as two DUI convictions for licensing purposes, the law requires the installation of an Ignition Interlock Device and the issuance of a six-month limited permit to drive with that device installed. This requirement can be waived by the court, however, if it would subject the person to undue financial hardship. Contact your lawyer and ask him or her to petition the Court for such a waiver.