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Q:     I was issued the ignition interlock device but, i dont have a car, what do i do about that?  I got a dui property damage conviction with a high bac and was order… Scroll down to read more!

Q:     I was issued the ignition interlock device but, i dont have a car, what do i do about that?  I got a dui property damage conviction with a high bac and was order to a ignition interlock device for 6 months, and other requirements also.


A:  

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/i-was-issued-the-ignition-interlock-device-but–i–1387524.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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10 lawyers agreed with this answer

Christopher Charles Dyer
Christopher Charles Dyer
Criminal Defense Attorney – New Port Richey, FL
Nick Jay Dorsten
Nick Jay Dorsten
DUI / DWI Attorney – Clearwater, FL
Colleen M. Glenn
Colleen M. Glenn
DUI / DWI Attorney – Bradenton, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Ethan Patrick Meaney
Ethan Patrick Meaney
DUI / DWI Attorney – Minneapolis, MN
Derek Anthony Patrin
Derek Anthony Patrin
DUI / DWI Attorney – Minneapolis, MN
Lucas Style Lanasa
Lucas Style Lanasa
DUI / DWI Attorney – Tallahassee, FL
Jonathan Burton Blecher
Jonathan Burton Blecher
DUI / DWI Attorney – Miami, FL
Dennis Gonzalez Jr.
Dennis Gonzalez Jr.
DUI / DWI Attorney – Miami, FL
Michael Lawrence Doyle
Michael Lawrence Doyle
DUI / DWI Attorney – Philadelphia, PA

” href=”http://www.avvo.com/legal-answers/i-was-issued-the-ignition-interlock-device-but–i–1387524.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>10

Lawyers agree
Answered You have 2 potential problems: 1 with the court (assuming that the ignition interlock – “II” – was court ordered as a condition of probation) and the other (this is the “potential” problem) with DMV (in regard to satisfying DL reinstatement requirements).

Insofar as Court is concerned, you will have to wait until the end of your probationary period (or whenever your PO violates you for failure to comply with the II requirement) to appear before the Judge, be sworn and testify that you do not own a vehicle (no car is registered in your name) and therefore cannot comply with the II condition. If you are otherwise in compliance, and if you honesty do not have a vehicle registered to you, then the overwhelming odds are that the Court will set-aside the condition and terminate your probation. (Note that in Miami-Dade – I suppose as in other counties – some Judges are more, er, um, “understanding” than others, so, depending upon who your Judge is your probation may be unsuccessfully terminated.)

The bigger (and potential) problem is that DMV may not permit you to become licensed again until such time as you satisfy their II condition (if they have an II condition relative to your DUI). You should ask your attorney (or if you don’t have one then call DMV – 850-617-2000) if you have any DMV requirement insofar as the II component is concerned.

That said, if you do have a car, get the II device and be done with it. If not. don’t panic, just call your attorney and verify what I have typed. I have been practicing criminal defense litigation primarily in Miami-Dade County for almost 22 years, and while I don’t presume to know everything, I do know enough to know that every case is different and, occasionally, the “rules” can throw a curveball at you. To be certain ask your lawyer (and / or call DMV re your possible DL issue).

Either way good luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  “Don’t do it!  Get a DD (Designated Driver), not a DUI”.

Be smart: Don’t drink and drive, but, if you do, just say “NO{thing}”, don’t blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

“Like” Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ http://habercriminallaw.blogspot.com



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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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