I'm on an RDP, level II Sig Risk. I've had the BAIID device since June 2012. No violations and no letters from the SOS. Last Saturday, my mother tried to move my car, after using mouth wash, and blew a .025. Not being familiar with the device and not wanting to mess with it, she did not try starting it again and just left it alone.
I have my SOS hearing for full reinstatement on May 13 and I'm not due to send the BAIID in for inspection until june 17. Will this incident cause SOS to deny reinstatement for me? Also, since they won't have record of the .025 reading until June 17, almost a month after my hearing, will it even be an issue?
Criminal Defense Attorney
You will need an attorney for the SOS hearing, especially with this new issue. After the interview with the attorney they will give you advice as to how to proceed, including the possibility of calling your mother as a witness, but, in my opinion it would be best to be upfront with this issue immediately with your probation officer, and the SOS. Your attorney may even want to bring this issue in front of your trial judge before there is a violation filed against you.
Just have your mother write a letter explaining what happened. Frankly with a .025 I don't even think BAAID would question it. But since the monitor report for that period will come in after the hearing bring it up at the hearing. Otherwise you may have to come back later. And to be ace ask for reinstate or another permit.