Are you on bond or probation? It makes a big difference. Either way, the Interlock company is going to notify the Court. The Court will not believe it wasn't you, because they hear excuses like this everyday. The Court will always assume you are the one who violated. I would not let anyone else drive the vehicle as long as you have the device. You may just get "admonished" (a good yelling) about the violation, or you might get switched to a photo device (or put in jail, or any number of other outcomes). If you have an attorney, you need to contact him to look into it. If you don't have one, you need one.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
I agree with Ms. Jaggers. I would add that an affidavit from your girlfriend *might* help establish that you're telling the truth but there's still a good chance that the judge won't believe you. Ms. Jaggers is correct that most of them are jaded. A good attorney in your jurisdiction will know how best to approach your judge.
Avvo Q&A does not establish an attorney-client relationship. To inquire about retaining this attorney for a legal matter in Austin, Texas, call 512-480-9020.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.