I blew into someone's interlock device that has a camera and it caused him to get a fail on his interlock report.

Asked over 1 year ago - Hazelwood, MO

I went out for girls night and got a ride home. I needed to take the dogs to get groomed the next day and used his car while he was at work. The interlock failed. He is on probation and has already been in trouble for failing it himself. The interlock device does have a camera. Will that save him from getting into more trouble?

Attorney answers (3)

  1. C. Curran Coulter

    Pro

    Contributor Level 9
    Best Answer
    chosen by asker

    Answered . How much, if any, trouble he gets in will be subject to the terms of the court order to use the device and the discretion of the judge. You can try to argue that he was not using the car at the time and the camera will bolster that argument.

    Worth noting, LifeSaver, one of the companies that produces these devices addresses this subject in their FAQ section: "Can other people operate my vehicle? Yes, but anyone driving the vehicle will need to use the interlock and you will be responsible for any violations." - http://www.lifesafer.com/frequently-asked-quest...

    Hope this helps!

    *** If you like my answer, please mark it as the best answer.
    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
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    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

  2. Lawrence E. Wines

    Contributor Level 8

    Answered . If you come forward you may get him out of trouble. Are you on probation? That was a terrible joke that will affect your friend on an important matter.

  3. Kenneth J Kohler

    Contributor Level 6

    1

    Lawyer agrees

    Answered . I agree with the prior answer. Your boyfriend can have a probation violation brought against him for the interlock violation, but my be able to vindicate himself with the camera and your testimony. But he also needs to establish he was somewhere else, or he'll get in trouble for allowing another person to operate his vehicle while consuming alcohol.

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