Ignition Interlock Violation

[themayz]

What is the name of your state (only U.S. law)? Virginia

DWI. 0.16 Court Date was 8/10/2016

Got my interlock 9/10/2016. Had a violation 11/10/16. Had to do 15 week substance class. Finished my 15 week class with good results and no positive urine screens. Already finished asap classes previously. Violation of .033 on 2/10/2017. A violation that read like this on 4/1/2017 RIGHT after leaving my substance abuse class [and they do urine screens at the class.] Class 15 weeks was completed 4/15/2017 with no violations since class completion. Last violation:

748 am BAC. 0.000
751am BAC. 0.008
755am BAC. 0.000
757am BAC 0.007
941am BAC. 0.037

The last one was right as I left class. I think body spray caused the 0.037. None the less, I retested after 5 minutes, passed, went on my way.

Here's the question. My court date was 8/10/16. I was granted restricted license with ignition interlock. My asap counselor has never put me in contempt and has now approved a petition to remove the interlock. I have to see a judge at my convenience. Do I need a lawyer or face jail time during the petition? And would it be better to just wait until 8/10/17 when my year is up on the court date? Do I need to wait until 9/10/17 which is a year since the interlock was installed to have it removed?

I just need to know the best route to have the interlock removed when my license is no longer suspended. Thanks in advance!

 

[quincy]

What is the name of your state (only U.S. law)? Virginia

DWI. 0.16 Court Date was 8/10/2016

Got my interlock 9/10/2016. Had a violation 11/10/16. Had to do 15 week substance class. Finished my 15 week class with good results and no positive urine screens. Already finished asap classes previously. Violation of .033 on 2/10/2017. A violation that read like this on 4/1/2017 RIGHT after leaving my substance abuse class [and they do urine screens at the class.] Class 15 weeks was completed 4/15/2017 with no violations since class completion. Last violation:

748 am BAC. 0.000
751am BAC. 0.008
755am BAC. 0.000
757am BAC 0.007
941am BAC. 0.037

The last one was right as I left class. I think body spray caused the 0.037. None the less, I retested after 5 minutes, passed, went on my way.

Here's the question. My court date was 8/10/16. I was granted restricted license with ignition interlock. My asap counselor has never put me in contempt and has now approved a petition to remove the interlock. I have to see a judge at my convenience. Do I need a lawyer or face jail time during the petition? And would it be better to just wait until 8/10/17 when my year is up on the court date? Do I need to wait until 9/10/17 which is a year since the interlock was installed to have it removed?

I just need to know the best route to have the interlock removed when my license is no longer suspended. Thanks in advance!

Although having the interlock system is an inconvenience, I think it best to wait until the year is up.

 

[themayz]

Although having the interlock system is an inconvenience, I think it best to wait until the year is up.

Yeah, I am okay with that. My question really is when the year is up, do I then need to go back to court and see a judge, or will I be able to just have it removed?

 

[quincy]

Yeah, I am okay with that. My question really is when the year is up, do I then need to go back to court and see a judge, or will I be able to just have it removed?

If the ignition interlock was court ordered and you want early removal, you need to petition the court and go back before the judge. Otherwise, you wait until the order expires, and you see your probation officer. The probation officer will authorize removal of the interlock device. Then you can go to a full service DMV to have restrictions removed and your license reinstated.

Although generally not necessary, I recommend you get a letter of satisfactory completion from your probation officer and check with the court to make sure the order shows as expired and the completion is noted.

(please verify the above with your probation officer or the court)

 

[themayz]

If the ignition interlock was court ordered and you want early removal, you need to petition the court and go back before the judge. Otherwise, you wait until the order expires, and you see your probation officer. The probation officer will authorize removal of the interlock device. Then you can go to a full service DMV to have restrictions removed and your license reinstated.

Although generally not necessary, I recommend you get a letter of satisfactory completion from your probation officer and check with the court to make sure the order shows as expired and the completion is noted.

(please verify the above with your probation officer or the court)

Perfect, thank you.

 

[quincy]

Perfect, thank you.

You're welcome, themayz. Thanks for the thanks.

Good luck.