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This morning I failed the BAC test on an ignition interlock device on my car. Since this violates my probation, what now?

Lees Summit, MO |
Attorney answers 2

Posted

Well, it is especially difficult to answer this question as a Missouri attorney that does not practice in Kansas. Generally, a violation of your probation will lead to a prosecutor filing a motion to revoke your probation. They prosecutor could ultimately ask for enhanced conditions on your probation, a change to a different or more intense form of probation, or for a jail sentence. On a probation violation, it is generally come down to what the judge thinks should be done - which could be exactly what the prosecutor asks for, something less or in some cases, nothing at all. I would contact some local attorneys immediately to discuss your situation and to the process as painless as possible and to do all they can to protect your rights.

This answer represents this attorney's opinion regarding a general question. All cases and situations are very fact specific and require a thorough knowledge of all facts, circumstances, and evidence to give proper advice. The opinion expressed here is for general information purposes and is not meant to be taken as specific advice or as forming any attorney-client relationship. I highly recommend that you discuss your situation with an experienced attorney in this area to obtain specific advice on your situation.

Posted

You want to try to remember every detail of the evening before. One important issue is was the condition of probation that you allegedly violated. Was it no drinking at all or no drinking and driving?

Hire an attorney a do discovery of the activity and maintenance a this IID unit.