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    Ellen29's Avatar
    Ellen29 Posts: 6, Reputation: 1
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    #1

    Nov 7, 2012, 10:44 AM
    Interlock device
    I have the inner lock device in my car from a DWI. I've had it in my car for the last 2 months. Last night I below into it & got a failed reading. It reset it self & asked me to blow again and I passed the 2nd time. I'm not on probation however, it does get repoerted to a probation office who monitors it. She called me today ab the fail reading from the 1st time & told her what happen. She said I below a .058. She has to inform the court of anything & will be informing the court of this. What could happen and was I over when I below?
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #2

    Nov 7, 2012, 01:23 PM
    What are the conditions the judge set forth?
    Were you in full compliance with those conditions of probation?
    You don't say in your post so it arouses suspicion.
    Ellen29's Avatar
    Ellen29 Posts: 6, Reputation: 1
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    #3

    Nov 7, 2012, 01:39 PM
    Conditions were/are I have to have this in my car for the next 9 months (its been 3 months)I'm not on probation however it does get repoerted through probation. DDP class for 7 weeks, had a 11 hundred dollar fine I paid right away.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #4

    Nov 7, 2012, 02:01 PM
    The only general info I could find was that these devices are usually set to register in the 0.02 to 0.04 range.
    What reading were you expecting to get?
    Ellen29's Avatar
    Ellen29 Posts: 6, Reputation: 1
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    #5

    Nov 7, 2012, 02:04 PM
    Nothing!
    Ellen29's Avatar
    Ellen29 Posts: 6, Reputation: 1
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    #6

    Nov 7, 2012, 02:12 PM
    What about when I below the 2nd time after it reset it self and I passed? Also, what might the court say/do with the conditions I have?
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #7

    Nov 7, 2012, 02:29 PM
    Sounds to me like you have to make a case that the device malfunctioned.
    And possibly the officials will try to make the case that you had consumed alcohol, that your content was near the cutoff limit and that you got lucky on the second try and came in just under. I am not accusing you but rather just trying to look at it realistically.
    The only documentation that you could possibly get would be if you could get the device checked out by a certified expert and the expert could testify that the device was faulty. But I don't know if that is feasible.
    Plus maybe search to see how frequently the devices malfunction.
    Search "What if interlock malfunctions" and you will get a lot of information.
    Ellen29's Avatar
    Ellen29 Posts: 6, Reputation: 1
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    #8

    Nov 7, 2012, 02:33 PM
    I'm looking that info up now! Thank you! & thank you for not accusing me! Any advice with what the court might do?
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #9

    Nov 7, 2012, 03:36 PM
    You should discuss this entire situation with your attorney. You could get lucky and the court would not pursue it, if they have records to indicate that it was triggered on the first try but not on the second, and that the tries were close together in time.
    You will likely get some more input here from others. I have no direct experience with these devices-- just trying to look at the situation from a common sense standpoint. There may be procedures that I am not aware of.
    Ellen29's Avatar
    Ellen29 Posts: 6, Reputation: 1
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    #10

    Nov 7, 2012, 03:45 PM
    Ok thank u for u advice!!

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