I have a smart start interlock device installed on my truck. Concerned about "Abort Tamper" apearing on LCD screen

Asked in Austin, TX - about 2 years

I checked my violation status by pressing #3 and it shows I still have all 5 points remaining w/o any violations. However when I finaly reached Smart Start they said it most definately would appear on my monthly report. I then called the location where I had the instalation done and the rep. told me "oh yeah that happens sometimes if you are holding the device in the palm of your hand and block the air intake vent on the back of the device" What??? There is absolutely no info on theiir web site nor is it mentioned on the training video how can they possibly hold me accountable and accuse me of tampering with the unit? On all ocasions moments after the "Tamper" signal displayed on the LCD I passed on the next attempt on each ocassion. Is this a rare or typical glitch in their system?

Attorney Answers (3)

Cynthia Russell Henley

Cynthia Russell Henley

Houston Criminal Defense Attorney

Licensed in TX

Answered about 2 years ago. Notify your lawyer ahead of time about this issue and the information that you received about the problem. Unfortunately the courts seems to think any device put into place to monitor people is just the greatest when in reality we find out there are so many problems.

I am not sure whether this particular glitch is rare or typical, but keep a written list of any difficulties you encounter with the device and whatever you do, do not drink while you have that device (whether you ar on bond or on probation.)
Although I have answered the question to try to help you, you should consult with a lawyer in your area in person... more
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Charles Elwood Soechting Jr.

Charles Elwood Soechting Jr.

Dallas Criminal Defense Attorney

Licensed in TX

Answered about 2 years ago. As noted, it is best to prepare your defense in case you're asked about this situation. Keep a log of when you referenced the machine, spoke with agents and investigated the information. As these devices become more common, their "glitches" become more obvious.

Good luck.
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William Monroe Hines

William Monroe Hines

Austin DUI / DWI Attorney

Licensed in TX

Answered about 2 years ago. Unfortunately, we have received many complaints of a similar nature. Always have a witness if possibel to document these mechanical/software failures in the future.
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