If I got a violation on my interlock the week before it was due to be removed, what can the judge do? I'm not on probation. I don't know why I got a violation, except that I used my inhaler minutes before, not thinking. I went back in and rinsed my mouth and then it passed me. But when they calibrated, it did show a violation on that date, but it showed 3 fails. I never failed... BUT on the fails, it registered dates of 2008 & 2009. I didn't understand it and neither did the guy at the shop. What could I expect from the judge? She's not a big fan of mine. The device is removed and I'm not on probation.

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Originally Posted by snickersandmilk

If I got a violation on my interlock the week before it was due to be removed, what can the judge do? I'm not on probation.

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Hello snickers:

You are EITHER on probation or facing charges... Otherwise there wouldn't BE an interlock device on your car, and you wouldn't be seeing the judge.

Assuming you ARE under some type of court supervision and/or diversion, the judge will probably put you in jail.

excon

I'm NOT on probation. I plead guilty to a DWI charge and she put the device on my car for 9 months. There were no other charges. The reports go directly to the judge. Never have been on probation. It's a first time offense. I have a very clean record. I'm not a criminal. Thanks for your unhelpful input.

The judge hasn't asked to see me. I'm just wondering what to expect. I thought this would be a helpful site.

Sorry, but excon is right and you are wrong here. You plead guilty and accepted the interlock to avoid jail time. That is how it works. The condition for not putting you in jail was accepting the interlock and not driving while impaired.

Now, since there appears to be a question about the accuracy of the reading the judge may not do anything. But you need to have a better understanding ow hat went down in your original case. I've noticed several answers you have posted here and they show a distinct lack of legal knowledge.

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Originally Posted by snickersandmilk

I plead guilty to a DWI. I'm not a criminal.

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Hello again, snickers:

No, you're a drunk who drives. If that makes you feel superior to a common criminal, your thinking is warped.

excon

Scott... you are right... I don't know anything about giving legal advise. I've never been in trouble. In order to get answers to my questions, I had to answer a slue of questions. I'm sorry if I've offended anyone. I don't think the judge will put me in jail. I have never been in trouble and never had a criminal record. This was a first time offense. I'm a very upstanding citizen and contribute to the community. Thank you for your response.

Excon... you don't know anything about me or the circumstances involved. I drove drunk.. I'm not a drunk who drives. Judge not least you will be judged! Sounds like you are a bitter con. At least I am honest.. and no, I'm not your common criminal.

There is no requirement that you answer any question in order to ask one. Where did you get that idea?

You need to rephrase your statements: I have never been in trouble BEFORE and never had a criminal record BEFORE. I WAS a very upstanding citizen UNTIL I DECIDED TO GET BEHIND A WHEEL AFTER DRINKING

You are not being honest until you restate as I showed.

Sorry but even a person who is not a drunk but driniks too much and dirve is a serous danger on the road, and one who does not believe they are, normally are the worst. ** how's that for a judgement. I have picked too many kids up from the middle of the road hit by drunk drivers, and work with them every day now.

But at the least you will most likely have your license revolked perhaps, I will assume also that using the device allowed you to keep driving, instead of having it revolked.

But yes, if you agreed to use the device as part of the sentence, you are on a form of probation, perhaps that word was not used, and it is basically unsupervised except for the Interlock company reps. But you could get the full punishment the judge was going to give you before the agreement to use the device.