On April 22, 2014 I had to have a interlock device on my vehicle for 6 months, originally it was from may 10th until November 10th since I didn't have a vehicle, but I got a car sooner than that so the judge amended it from then to April 22nd to October 22 2014, well, October 22 got here and went and showed the shop the court order and they took it out, now GAURDIAN interlock sent a early removal notice to the state and did not certify me and the state suspended me, The judge has backed me on this and said it is his order and for them to reinstate, but they said he cant go against state law, which he hasn't he said 6 months is from April 22 to October 22, and state law requires 6 month interlock to be maintained and serviced during that time,I have now been fired from my job because of it
I am going to have to go with a firm maybe. You will need to consult with an attorney and bring in all of the relevant paperwork for the attorney to review.
This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.
You can sue them both, but you probably will just waste your time. The state will only be liable if it acted with conscious disregard and to vex, annoy or frustrate you and knew what it was doing was wrong, but did it anyways. Try to find an employee of the state to admit this in writing or under oath and you have a case. Otherwise, I would concentrate instead on finding a new job.
Ask your attorney to call the legal office of the Department of Revenue. He will probably want to call the Jefferson City office. My experience with them has been good and their directives in unusual cases can be very helpful.
You can have an ignition interlock as a requirement in the probation order in the criminal case, and for limited driving in the Department of Revenue case. The first case may require the IID for 6 months, but the second one is probably for the entire time remaining on the administrative suspension/revocation.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline