This past month I renewed my license, and according to DMV records, I'm no longer required to have an IID installed when driving. However, within my court transcript, it's stated that I must have it until August. (This was due to the fact that I was pulled over driving on a suspended license after my DUI, thus the judge tacked on 6 more months) My question is this: how will the courts even know whether I still have the device installed or not? I have already submitted the paperwork showing that the device was installed, but once I have it removed am I supposed to provide some sort of last invoice to the courts?
Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
If the length of time you must keep the interlock device installed is a condition of probation that is the length. The iid provider will notify court when its removed. Contact your attorney with this question
It depends on the Judge's order. You need to get a print out of the entire case(s) and see if there is listed a proof of completion date. Also, if the IID company is aware of the Judge's order (because perhaps they needed it for the installation), then early removal would not be allowed and if done, they would notify the court that you violated the term. You need the court order and then reflect back on what the IID comany knows.
If the judge ordered it as an additional condition of probation, they may require proof that you did it. It may not be legally required, but if it was part of the plea bargain to, let's say avoid jail on a VC 14601.2, then you might want to keep it in till August.
Of course, your attorney at the time of the plea should be able to tell you.
You should call DMV (916) 657-6525 and see what they show in their computer. It may show a court ordered IID anyway. If that's the case you may end up with a suspended license by removing it. Another real consideration is the possibility of a probation violation if you're caught. I don't think it's worth the small amount of money you'd save between now and August.
All the attorneys have provided you with excellent answers. Basically you need a copy of the court's order to find out what the Judge specifically wanted. If the length of time was increased as part of the plea bargain, the answer is yes, you must keep it installed until the completion date. If the length of time was not part of it plea bargain and not part of what the judge specifically ordered you may have something to discuss. However, I suspect you had an attorney, just contact the attorney. If you had a public defender, contact the public defender's office and ask them your question or questions. This is not worth a probation violation. Good luck.
If it's a term of your probation and the court finds out than you have violated your probation and can face jail time. It's expensive and embarrassing to many but it is a court requirement. Remove it at your risk. Murphy's law says keep it till August. Your attorney will advise the same. Good luck to you. I hope this helps?
Driving on suspended is often punished with a 1-3 year IID requirement. The court often requires proof of completion documentation. If you have no vehicle, you can file documentation with the court and get the court off your back with respect to the IID. As everyone else opined, this is probably not worth risking the probation violation and/or another suspension period. If you really really need the IID removed, (i.e. you need to drive clients for work purposes and this is costing you lots of $) a good lawyer can probably work it out for you.
