Ignition interlock device question

[Denny]

My question is this: In 2002 I was ordered to have an ignition interlock device, and complete satop, madd, and pay all fines. I did everything the court ordered, but I did not get the ignition interlock device because I hav'nt owned, or driven a car since that time. My revocation time was for 10 years and is not up yet. I would like to apply for a limited priviledge licence, and wonder if, after six years, I can get the interlock requirement dropped. I have called the courthouse and they told me to call the state capital in jefferson city MO. I called there and they told me to contact the courthouse, which I already did before I called them. Does anyone have experience with this?

[seniorjudge]

I doubt that the requirement will be dropped.

Hire a lawyer and ask for the requirement to be dropped; but don't expect success.

[BigMistakeFl]

I'm not finding exceptions either. A lawyer, as suggested by Sr Judge, would help you get the answers. You can also try calling the DMV and see if you can find anyone with an answer.

A couple of phone numbers that might be helpfu:
License Issuance (573) 751-4600
Administrative Alcohol (DWI) Suspensions, Hearings (573) 526-2407

[CavemanLawyer]

I've gotten interlock waived for people before. You just have your attorney file a motion to waive that condition and set it for a hearing and the judge makes the call. Sometimes the DA will not oppose it and the judge usually won't either.

Most of the time it gets waived are for people who ride motorcycles, which can't be equipped with the device, or for people whose DWI's were by drugs or medication. Interlock doesn't do anything for a pill popper.

But from the length of your probation period it sounds like this might have been a felony. If that's the case than good luck finding a judge who is going to waive interlock for that.

[Denny]

Thanks to all who have replied to my question. I have had a total of three dwi's in my lifetime, but one of them never went thru the state, which is why I was never charged with a felony. The penalty was severe because I had class A CDL licence with hazmat endorsement. But our county is pretty small, and I am well known here. It is common knowledge here that I have been a member of AA for almost four years now, and have not drank even one drink during that time. Nor do I have plans to ever drink again. On my last dwi in 2002, I was placed on supervised probation for two years. My former probation officer is aware that I have been sober all this time. Would it be a good idea for me to try to get her to arrange to have me put on the court docket where I could simply ask the judge myself if this interlock restriction could be removed? Again, thanks for anyone's input on this matter.

[Zigner]

Originally Posted by Denny

Thanks to all who have replied to my question. I have had a total of three dwi's in my lifetime, but one of them never went thru the state, which is why I was never charged with a felony. The penalty was severe because I had class A CDL licence with hazmat endorsement. But our county is pretty small, and I am well known here. It is common knowledge here that I have been a member of AA for almost four years now, and have not drank even one drink during that time. Nor do I have plans to ever drink again. On my last dwi in 2002, I was placed on supervised probation for two years. My former probation officer is aware that I have been sober all this time. Would it be a good idea for me to try to get her to arrange to have me put on the court docket where I could simply ask the judge myself if this interlock restriction could be removed? Again, thanks for anyone's input on this matter.

Why do you feel the need to have this requirement removed? If you're always sober...then no problem, right?

[Denny]

Originally Posted by Zigner

Why do you feel the need to have this requirement removed? If you're always sober...then no problem, right?

Well, for one thing, these devices are not a one time expense. Plus, here in Missouri, the device must be mounted on the dashboard of your car to announce to the world that you have been convicted of drunk driving. In addition, I will have to carry high risk insurance for at least two years. Also, you are restricted to driving only the one vehicle that has the device installed in it. If I were caught driving a vehicle without the device, the limited priviledge license could be taken on the spot. I most definately do not stick up for drunk drivers. But, I have walked for six years now, and even when I did still drink, I never so much as scratched the paint on anyones car. I simply got stopped driving over the limit. I kind of feel like I have paid my dues to society, especially since I never hurt anyone, or damaged anyones property. That is why I would like this thing to be dropped.

[CavemanLawyer]

Originally Posted by Denny

Would it be a good idea for me to try to get her to arrange to have me put on the court docket where I could simply ask the judge myself if this interlock restriction could be removed?

Like I said, you have to file a motion to have interlock waived and you have to request a hearing and set it with the court. If you like you can have your probation officer come and testify for you. Or, you can hire an attorney and let them do all of this.

[Denny]

Originally Posted by CavemanLawyer

Like I said, you have to file a motion to have interlock waived and you have to request a hearing and set it with the court. If you like you can have your probation officer come and testify for you. Or, you can hire an attorney and let them do all of this.

Again, thanks to all who have provided information on my situation. I don't wish to test anyones patience, but I would sure like to get this thing done without having to hire another attorney. I am being honest when I say I no longer drink. I know that I cannot drink in a social manner, and thats why I first entered treatment for alcoholism, and then became a regular member of AA. On my third, and final dwi, I spent over six thousand dollars on fines, satop, lawer fees, court fees, and treatment related expenses. If I have to spend more, I guess I just will. But I thought maybe I could just arrange to ask the court on my own, without a big legal bill. I guess it don't hurt to dream, does it? Thanks again all.

[Steve Henderson]

Originally Posted by Denny

But our county is pretty small, and I am well known here.


Would it be a good idea for me to try to get her to arrange to have me put on the court docket where I could simply ask the judge myself if this interlock restriction could be removed? Again, thanks for anyone's input on this matter.

Sounds like you want special treatment because you are "well known here". Who cares? That makes you no different than anyone else, an attitude furthered by your next statement asking if you should have your PO "arrange" for something. As an Asst. Chief for a probation department, I would have your officers head if she "arranged" anything for you. Follow the proper steps. In TX, the interlock requirement begins the minute you begin to drive. Thus, since you are just beginning to drive, the condition begins now. As for the embarassment aspect, its part of the deal. You chose to drink and endanger lives on the road, so suffer the consequences.

Here's hoping you are sincere about your sobriety, for the public's sake.