A friend is on probation for a dwi charge. Her vehicle is installed with the interlock system and a stipulation of the probation is that she is not to receive any moving violations within the next year and a half. She was pulled over drving a car that did not have the interlock system and received a ticket. What kind of jail time should she expect and is there anything she can do to avoid jail time? Thanks
DUI / DWI Attorney
If she was cited for operating a vehicle without an ignition interlock device she has two options; take defensive driving to keep the ticket off her record and pray that no one finds out about the probation violation offense, or, immediately advise her probation officer and they may go easier on her than if they find out on their own.
I would advise her to obtain legal counsel to assist her in getting the matter taken care of. When a person is placed on probation they need to follow the rules by the book. Usually a minor traffic violation is overlooked but the ignition interlock violation is more serious and should never be violated.
Criminal Defense Attorney
Usually one of the conditions of probation is that when you have an encounter with law enforcement you must report it within 48 hours. Check your copy of your conditions of probation to see if that is the case. If you have been ordered by the Court that placed you on probation to have ignition interlock the driving a vehicle without it probably is a serious issue for you. You must be truthful with the Court, to do otherwise would only increase your punishment when the Court finds out about it, however before contacting the Court or your probation officer you should retain a criminal defense attorney to advise you of a safe path to take with respect to these new issues.
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Criminal Defense Attorney
Driving a vehicle without an interlock system when one has been court ordered to be on any vehicle one is driving is a violation of probation and could easily result in the revocation of probation. If she is on first offender DWI probation, then she is looking at a maximum jail sentence of 6 months. If she is a second offender, then she is looking at a maximum sentence of 1 year. The lengths of time go up with the number of offenses.
She needs to hire a lawyer to argue on her behalf and try to get the judge to continue the probation (with an excellent explanation of why she would violate in such a manner), which might include NO driving, or to argue for minimum time on revocation.
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