I got a DUI and my public defender gave me a plea deal on the DUI, how can I avoid the immobilization? it is my moms car?

It may be possible to waive the impound if the vehicle is in your mother's name and she has no other cars to get to work. You must also testify that you have no other vehicles in your name.

It is possible to ask the judge to waive it, but most judges will wait until the end of probation to do so. Your mother would have to testify that it is her car, it's the only car, and it would pose a hardship to her for her car to be impounded because of you. Ask your public defender that question directly to determine whether this is a customary practice in your jurisdiction. Although it is permitted by Florida statutes, it is totally discretionary upon the judge whether to waive it or not. I have found that most judges will waive it if you meet the statutory guidelines.

You will want to ask an Orlando lawyer who is familiar with Judge Martinez's practice and policy. If it were in Miami, where I have practiced DUI and criminal defense litigation for 23 years, then I would tell you to do everything else that you are required to do except the immobilization and ignition interlock and simply wait until the end of your probation (or diversionary term if you were in PTI) at which time we would address the issue(s) with the court (or the State if its diversion). Most every Judge in Miami will waive the requirement at the end of your successfully completed probationary term (they will wait until the end just in case you become a car owner before your probationary period expires) but will not address the issue beforehand. However, not only do things vary from jurisdiction to jurisdiction, but oftentimes they vary from Judge to Judge. Again, you need to know your Judge's practices and policies and then tailor your actions accordingly. I hope that I have been helpful in answering your question.

Hey Jude, don't make it bad Take a sad song and make it better...you can make it better by filing a motion to modify the terms of your sentence and bring your mother to testify that the impoundment would cause harm to an innocent third party who relies on the vehicle. the judge may agree to waive the requirement under the circumstances. good luck.

Bring your mom to court for the entrance of the plea.

316.193 Driving under the influence; penalties.— (d) The court must at the time of sentencing the defendant issue an order for the impoundment or immobilization of a vehicle. The order of impoundment or immobilization must include the name and telephone numbers of all immobilization agencies meeting all of the conditions of subsection (13). Within 7 business days after the date that the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of each vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vehicle. (e) A person who owns but was not operating the vehicle when the offense occurred may submit to the court a police report indicating that the vehicle was stolen at the time of the offense or documentation of having purchased the vehicle after the offense was committed from an entity other than the defendant or the defendant’s agent. If the court finds that the vehicle was stolen or that the sale was not made to circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. If the court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an evidentiary hearing. (f) A person who owns but was not operating the vehicle when the offense occurred, and whose vehicle was stolen or who purchased the vehicle after the offense was committed directly from the defendant or the defendant’s agent, may request an evidentiary hearing to determine whether the impoundment or immobilization should occur. If the court finds that either the vehicle was stolen or the purchase was made without knowledge of the offense, that the purchaser had no relationship to the defendant other than through the transaction, and that such purchase would not circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. (g) The court shall also dismiss the order of impoundment or immobilization of the vehicle if the court finds that the family of the owner of the vehicle has no other private or public means of transportation. (h) The court may also dismiss the order of impoundment or immobilization of any vehicles that are owned by the defendant but that are operated solely by the employees of the defendant or any business owned by the defendant.

Judge Martinez is a very strict judge. I doubt you're going to get him to waive the PTD requirement without some very compelling legal work. Why aren't you talking to your public defender?

It is possible to get a waiver; however, you will have to provide evidence that the vehicle is your mom's car, that she needs the vehicle for transportation, and has no other reasonable means of transportation available. You should discuss this with your attorney and ask him to file a motion and seek the waiver of impoundment.