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Will you get probation violation for failure on interlock device, first time happening.

Dallas, TX |

Recently my husband had my car and had a failure on my interlock device, he was not drinking by had cough syrup it only happen within a 2 hours. The rest of the day was passing. What will happen with the court, I have been on probation since Sept 2009 and I have done everything I am suppose to do including paying all my fines, this is the first time anything has happen.

Attorney Answers 2


You are responsible for that car with the interlock device and technically no one else is supposed to be driving it. You know that the judge has the full range of options - can accept your explanation or can reject your explanation and revoke your probation. I cannot tell you the number of times judges hear such types of claims so they are hardened to them. You should not let anyone drive your car while that device is on there.

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Its hard to answer your question when so much depends on what the Judge decides to do. Being up to date on fines, court costs, community service and other programs are a plus in your favor. Hopefully, you have a good relationship with your probation officer, that would also be a plus in your favor. Finally, the type of interlock device you are using plays a major role. Does it have video, what is its false positive rate, are their other witnesses to this incident besides your husband?

You need to contact a competent criminal defense attorney who can adequately advise you after a interview and independent investigation.

Comments and admissions placed on Avvo are not privileged, be careful and only ask general questions. Contact an attorney to establish an attorney-client privileged communication. Please remember that this is general advise about this subject matter area and should not be construed as establishing an attorney-client relationship or specific advise on your situation. Contact a qualified attorney via this network to establish an attorney-client relationship.

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