Criminal charges for driving w/o mandatory interlock device

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Latest post 10-17-2008 3:51 PM by Ford. 4 replies.
  • 10-16-2008 9:52 PM

    Question [=?] Criminal charges for driving w/o mandatory interlock device

    I have a restricted DL that mandates an interlock device. I was recently pulled over for speeding, driving a car w/o the device. There were extenuating circumstances for why I was driving this car, I was not suspected for being under the influence, (I was not). At my initial appearance today, the judge set a pre-trial conference date to begin the proceedings for my CRIMINAL TRAFFIC charges. Am I correct in my assumption that because I was not under the influence, I may have a chance of having the charges dropped? I can't seem to find any precedence, so my assumption is based purely on my belief that the crime and punishment system in this country is based on payment to society for crimes committed against it and rehabilitation....
  • 10-17-2008 10:14 AM In reply to

    re: Criminal charges for driving w/o mandatory interlock device

    "Am I correct in my assumption that because I was not under the influence, I may have a chance of having the charges dropped?"

    I can't imagine why that would be relevant. You were subject to a restriction and violated that restriction. The restriction was "you must use the interlock device," NOT "you must use the interlock device unless you're not drunk."

    You mentioned "extenuating circumstances." While you don't explain what they were, I expect you might stand a better chance going that route.
  • 10-17-2008 2:07 PM In reply to

    • DPH
      Consumer
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    • Joined on 10-08-2001
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    Idea [I] re: Criminal charges for driving w/o mandatory interlock device

    "There were extenuating circumstances..."

    Discuss this with your attorney before your next appearance in court.

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 10-17-2008 3:42 PM In reply to

    re: Criminal charges for driving w/o mandatory interlock device

    I am not a lawyer, but will offer my opinion.

    Driving intoxicated is a crime. The criminal, when caught, tried and convicted (as you were), should be punished. There are various reasons for this punishment, including a deterrant to the criminals and others against doing the same thing.

    Drive drunk, go to jail. That works for me.

    On occasion, however, society as reflected by the courts give the drunk driving criminal an option to serving prison time. After all, it costs a lot of money to keep a guy in prison. The convicted criminal is allowed to stay living in society and work for a living, so long as he does not drive drunk. Because he has a proven history of driving drunk, the interlock device is required for any car he is driving.

    I don't have a problem with that, personally. If you put *my* life at risk, even once, by driving drunk I don't have a single problem with your having to prove you are not drunk before you turn the key in any car you are driving.

    But, what if this convicted drunk driving criminal is permitted to drive without the interlock device because of his own self-defined "extenuating circumstances"? What were those circumstances? Life or death? You were driving as a passenger in someone else's car, that person had a sudden heart attack, and you needed to seek immediate medical care to save the guy's life?

    Or, were you late for work? Hungry for dinner?

    My suggestion is to discuss the entire scenario with your attorney and see if your "extenuating circumstances" are such that a court would dismiss criminal charges of driving without the interlock device.
  • 10-17-2008 3:51 PM In reply to

    Feedback [*=*] You aren't charged with a DUI . . .

    The fact that you weren't intoxicated doesn't appear at all relevant.

    You are charged with driving without an Interlock device. In your situation, that is a mandatory piece of equipment that your vehicle MUST have. Driving without it is basically no different than driving a vehicle without bumpers when they are required by law. But driving without Interlock will be treated more harshly.
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