I was told by my probation officer that I would have the SCRAM installed for 90 days. Turned out to be 150 days (@ $360 a month), then I was told I would be using a home device (Soberlink). That was 3 months ago. I called my probation officer about how long I would have to use Soberlink and she said there was no time period. I realize that a Interlock Ignition Device has a time period, but since my license was suspended for two years, that is not an issue. After the two years has passed and I get my license back will I have to do the Interlock and Soberlink at the same time? Any help I could get with this would be appreciated. Also, my probation officer said that in order to get the Soberlink disconnected was to petition the judge. (ugh)
Divorce / Separation Lawyer
I assume you were represented by an attorney when you entered your plea. Start by asking him or her if your PO is correct (I assume the answer is yes) that you must petition the sentencing court to lessen the restriction. If that proves to be the case, see if your former attorney is willing and able to do so. if not, ask him or her to refer you to an attorney willing and experienced in filing these requests.
Good luck to you!
Christopher I. Simser, Sr.
Syracuse - Albany - Rochester - Buffalo
DUI / DWI Attorney
It sounds like Soberlink is a condition of your probation. It can stay on as long as the judge feels is necessary. Depending on your facts, it may be required by law for half of your probation period. As long as you don't have any violations, you can have your attorney to file a motion to modify the terms of your probation asking to remove that requirement when you hit the halfway mark.
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Criminal Defense Attorney
As with almost all issues in criminal law, this is not a do it yourself problem.
Best thing to do is to go back to the lawyer that got you the probation...or if you were not happy with that lawyer, another criminal defense lawyer in the community where you are on probation...and ask for assistance in sorting out the Soberlink issue.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.