Legal Questions

Most court orders concerning ignition interlock devices require you have it in any vehicle you own. Taking it out and having someone else drive is still a violation. Further, the Court is going to be upset you were even at a .05 and trying to drive. Again, most cases where an ignition interlock is ordered also have an order that you not drive with any measurable amount of alcohol in your system.

First of all stop making admissions Ina public forum. Anything you say will be used against you if obtained by the prosecution. Second, consult with an attorney ASAP. From what you describe your conditional discharge or probation can be revoked and the court could resentence you to any authorized sentence on the charge you pleaded guilty to or were found guilty of. You should also be aware that you may be facing new and additional criminal charges for tampering with the device.

No one can specifically say what will happen but yu have multiple strikes against you from the same incident. The blow and the dis-connect. The positive is that you went to work and presumably you would not do that after drinking. Contact your attorney who will hopefully have a read on the judge and how he handles these types of violations. i would also recommend an alcohol evaluation to re-enforce your sobriety and if possible, an affidavit from your ride to work.

When you were sentenced you were given a conditional discharge, one of the conditions being this device. If the judge finds that you violated one or more of the conditions, he can order a VOCD hearing (violation of conditional discharge). If violated, the judge can resentence you up to the maximum jail time that you originally faced. You should contact the lawyer that represented yo on the case originally and inform him of these new developments. You should not face the judge alone given these facts. Richard Southard 212-385-8600 I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.