Legal Question in Criminal Law in California

Re: Interlock Device

If you have had no prior convictions for drunk driving then the restriction my have been put into your Tahl form, which you signed, or added as part of your sentence after trial by mistake. Go into to court early and ask the criminal clerk to send your file into the sentencing judge. They may only do trials on certain days or have other restrictions. However, they eventually will send your file to the judge. Explain the matter to the judge and after some discussion with the D. A. the judge may remove it.

However, you could have been sentenced to (I believe) up to six months in the county jail. And that sentence was suspended and you received only 30 days on certain terms and conditions of your probation. Those terms are recommended by the D. A. and ultimately set by the judge. And he/she has powers to add on to the sentence all sorts of trivial things as a condition of granting probation that they think are appropriate under the circumstances of the crime. Such as a whipping which one judge sentenced someone to in Orange County several years ago. The criminal had requested it rather than jail time. The Sheriff sent the criminal back to the judge for resentencing because the sheriff didn't have anyone trained in how to give whippings. The sheriff's people do it spontaniously in the jail without training. There was no great legal debate/argument that the judge didn't have the power to sentence in accordance with the criminals request as a condition of his probation.

Re: Interlock Device

I concur with my colleagues... you should start with the sentencing judge and ask for it to be removed. Considering that your case did not involve a DUI, the judge may remove it without problem.