How do you go about getting a judgment waived, Interlock Ignition Device???

Asked almost 5 years ago - Vero Beach, FL

I was sentenced back in 2003 for a D.U.I. my second offense. It has now been almost 7 years since my sentencing. Since then I have done everything asked of me without any violations. I did my time in jail (90 days) in which I had to travel 75 miles every weekend for 6 months, house arrest for 1 year, Probation for 3 years. I also did all of the classes and rehab that was asked of me.

It has been the hardest thing to try and carry on with my life knowing what I have done. Trying survive for 7 years without a license has been THE MOST challenging effort I have ever had to do in my life. After all that do I actually need the interlock device?

Attorney answers (5)

  1. Stephen Andrew Mosca

    Pro

    Contributor Level 17

    Answered . The interlock device is mandated by statute. Likely it was also placed into the terms and conditions of your sentence by the court.

    if you get your license back and own a vehicle, you will have to put up with the cost and inconvenience of the interlock as well. After what you've been through, it sounds like the easiest way to avoid future trouble.

    Florida Statute 316.193 states, in part:
    "For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license."

    The only way to avoid the requirement is to not own or have an ownership interest in a motor vehicle. After your license has been in effect for one year, and the rest of your case is satisfied and closed, only then should you contemplate trying to own a vehicle without an interlock.

  2. Richard A. Alexander

    Contributor Level 12

    Answered . I have had clients that never got the interlock device installed for whatever reason, and it is years late and they still cannot get a license. The reason is because it falls under the jurisdiction of the Department of Motor Vehicles. If the DMV knows that the ignition interlock was never installed, then it will simply not allow you to obtain a driver's license, and in a state (Florida) that really has no reasonable means of public transportation - it can be brutal.

    I do agree with Mr. Mosca, depending on how the DUI was charged (in your case, it was your second), then the ignition interlock is mandatory and cannot be waived.

    If you noticed, when Mr. Mosca cited the FL DUI statute (316.193) under itigition interlock, it states "...approved by the department..." The department IS the DMV. At some point, you will have to get the interlock installed, IF you eventually want a driver's license.

    Best of luck,

  3. Craig A. Epifanio

    Contributor Level 18

    Answered . Actually it is possible in your unique situation not to have the interlock placed on your vehicle, but it is going to require an attorney. If you pled to your DUI before 2004, AND the court did not order it, then you are not required to get it. While that may be the law, it is not always the practice, especially where the DMV is concerned. They tend to make up their own rules. Your remedy is to have an attorney contact the DMV and possibly file a motion with the court to rectify the situation.

  4. Catherine Ann Drees

    Pro

    Contributor Level 13

    Answered . I am not sure why you are asking about the interlock device if it was not a part of the original sentence but I will say this. When the interlock device was first placed upon the books, the State of Florida did not have a contract to provide the device to drivers who were required to utilize them. If the DMV is saying it was ordered you need to do it..if it was not ordered by the court the dmv can still say it was on the books and now that we have a contract, all of the old dui convitions can be required to place it on the vehicle. It would really help if you had told us why you are concerned about it.

  5. Linda Medeiros Callahan

    Pro

    Contributor Level 16

    Answered . I defer to Mr. Mosca on the legal advice. However, may I recommend a really good DUI lawyer in your city? His name is Michael Kessler and he is the go-to-guy for a DUI in your area. I know him very well, and he is extremely qualified in DUI defense. I am sure he will be able to give you some pointers on your situation.

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