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 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
10 lawyers agreed with this answer
Christopher Charles Dyer
Criminal Defense Attorney – New Port Richey, FL
Nick Jay Dorsten
DUI / DWI Attorney – Clearwater, FL
Colleen M. Glenn
DUI / DWI Attorney – Bradenton, FL
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Ethan Patrick Meaney
DUI / DWI Attorney – Minneapolis, MN
Derek Anthony Patrin
DUI / DWI Attorney – Minneapolis, MN
Lucas Style Lanasa
DUI / DWI Attorney – Tallahassee, FL
Jonathan Burton Blecher
DUI / DWI Attorney – Miami, FL
Dennis Gonzalez Jr.
DUI / DWI Attorney – Miami, FL
Michael Lawrence Doyle
DUI / DWI Attorney – Philadelphia, PA
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Criminal Defense Attorney – New Port Richey, FL
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DUI / DWI Attorney – Bradenton, FL
Criminal Defense Attorney – Brandon, FL
DUI / DWI Attorney – Minneapolis, MN
DUI / DWI Attorney – Minneapolis, MN
DUI / DWI Attorney – Tallahassee, FL
DUI / DWI Attorney – Miami, FL
DUI / DWI Attorney – Miami, FL
DUI / DWI Attorney – Philadelphia, PA
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!
Michael A. Haber
Secondary phone: 305-381-8686
Email: sharky910@aol.com
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.
July 26, 2017 -
Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
April 10, 2017 -
Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense
April 11, 2016
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