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I missed a rolling retest and my po asked me

Houston, TX |

hi i am from texas i have an interlock device in my vechile for my first dwi i went to c my po and she told me that i have 1 missed rolling test that means when i pass the breathalyzer to start the car and didnt take a test 5 min into the drive. idk whats gonna happen she just asked me about it and i told her the truth i really didnt know
what could happen

Attorney Answers 3

Posted

This isn't going to violate your probation. Interlock's have lots of problems and sometimes it's hard to hear them beeping for a new breath sample to continue driving.

Sincerely,

Erick Platten
State Wide Representation

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Posted

Your probation can be revoked for any violation. One minor violation such as this isn't likely to cause a pv, but some judges do have a policy that every single interlock violation be reported. You need to be extremely careful with that device.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.

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Posted

With an IID device you need to be aware when it requires a test be performed. The iid's have their problems - so it is doubtful that a single issue will violate your probation- but it can.

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

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