How do you handle a false positive inter-locking device result?

Attorney answers (3)

1. Licensed in WA

   

   Evan OshanPro

   Seattle Criminal Defense Attorney

   Contributor Level 11

   4

   Lawyers agree

   Answered January 21, 2013 10:08. If it was my case I would retain an expert and get the device calibrated.

   Communication through AVVO does not constitute legal representation. Representation by this law firm can only be... moreCommunication through AVVO does not constitute legal representation. Representation by this law firm can only be established through a written agreement executed by both attorney and client. In the absence of such express representation agreement, this law firm does not represent the recipient or reader and no person or party should rely upon statements, opinions or advice contained herein. less

   • Mark as helpful
   • Flag
2. Licensed in WA

   

   Aaron LukoffPro

   Bellingham Criminal Defense Attorney

   Contributor Level 13

   

   EmailVisit website

   3

   Lawyers agree

   Answered January 21, 2013 10:46. It sounds like the blow and go is malfunctioning. Get an expert to look at the machine and get it calibrated.
   
   Aaron M. Lukoff
   Attorney at Law
   Criminal & Civil Traffic Defense
   360-647-5251
   aaron@lukofflegal.com
   Law Offices of Aaron M. Lukoff & Associates, PLLC
   
   ** LEGAL DISCLAIMER ** My response to your question is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on Washington law as I am licensed in Washington. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue/matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific legal advice regarding your particular circumstances, you should consult and retain an attorney. For more information or to hire a lawyer, you can reach my offices at: aaron@lukofflegal.com; 360-647-5251 or at www.lukofflegal.com.

   • Mark as helpful
   • Flag
3. 

   Eric Matheny

   Hialeah Criminal Defense Attorney

   Contributor Level 8

   3

   Lawyers agree

   Answered January 21, 2013 10:48. If the positive Interlock blow is going to result in a probation violation or sanction by the court, you may want to retain an expert. There are lots of them out there who can show the vulnerability of the machine. Also, you could have your son polygraphed and submit the results to the prosecutor only if he passes.
   
   If the positive is not resulting in any probation violation, just a headache since he can't start his car, you may want to see about having it replaced with another interlock. Your's might be faulty.

   All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal... moreAll comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment. less

   • Eric Matheny

   • Mark as helpful
   • Flag