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What will happen in court with a violation on my ignition interlock device?

Rochester, NY |

I am scheduled to appear before the judge in 1 1/2 weeks
This is my first violation
The device registered .057 the first time, waiting the appropriate time blew again and it registered .056
I was late for an appointment at work so I unhooked the device got a ride to work, came back about 3 hours later hooked it up again and everything was fine
I have done everything asked of me by the court and my 6 month assigned period of this device is up next month

Attorney Answers 4


  1. When you were sentenced you were given a conditional discharge, one of the conditions being this device. If the judge finds that you violated one or more of the conditions, he can order a VOCD hearing (violation of conditional discharge). If violated, the judge can resentence you up to the maximum jail time that you originally faced. You should contact the lawyer that represented yo on the case originally and inform him of these new developments. You should not face the judge alone given these facts.

    Richard Southard
    212-385-8600
    I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

    All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com


  2. No one can specifically say what will happen but yu have multiple strikes against you from the same incident. The blow and the dis-connect. The positive is that you went to work and presumably you would not do that after drinking.
    Contact your attorney who will hopefully have a read on the judge and how he handles these types of violations. i would also recommend an alcohol evaluation to re-enforce your sobriety and if possible, an affidavit from your ride to work.

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  3. First of all stop making admissions Ina public forum. Anything you say will be used against you if obtained by the prosecution. Second, consult with an attorney ASAP. From what you describe your conditional discharge or probation can be revoked and the court could resentence you to any authorized sentence on the charge you pleaded guilty to or were found guilty of. You should also be aware that you may be facing new and additional criminal charges for tampering with the device.


  4. Most court orders concerning ignition interlock devices require you have it in any vehicle you own. Taking it out and having someone else drive is still a violation. Further, the Court is going to be upset you were even at a .05 and trying to drive. Again, most cases where an ignition interlock is ordered also have an order that you not drive with any measurable amount of alcohol in your system.

    Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.

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