This will depend on what you can prove, but if he wasn't driving he's not likely in violation
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Absolutely. He is ordered to have the device and every violation will be assumed to be him. Luckily the camera will save him, but probably not until after he's had a warrant issued, been arrested, and posted a bond. An attorney may be able to save him a trip to the jail. Most judges will allow him to switch to the HOME device, which is a handheld version of the Interlock, since he can't drive.
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I agree with Ms. Jaggers. Yes, the State can file a motion to revoke probation. It is a good thing that there was a camera which will show that it was not him blowing. The company that monitors the device will pull up those pictures to verify whether it was the probationer who was in violation.
James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. Pardon my typing and or grammar,I am sending from my i-phone.I only represent people accused of DWI in Texas. My answer is based upon the limited amount of information supplied in your question. The answers I give on this site are intended for general educational purposes only. If you already have an attorney, I always suggest that you consult with that attorney first.
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