Q: I was issued the ignition interlock device but, I don't 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.
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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!
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!
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