Legal Question in DUI Law in California

Re: countermanding order

The judge cannot tell you to do the impossible. The remedy is for you to have a lawyer file for a Writ of Mandate with an appellate court.

Re: countermanding order

You can have your attorney file a motion for amendment to the judge's order. With appropriate explanation of the actual facts, it should be possible to change the order to "install on any vehicle you may own or operate" or something like that. Contact me if interested in doing so, before the court has you arrested for failing to file 'proof of installation' on a non-existant vehicle.

Re: countermanding order

Thank you for your posting.

The law requires judges in certain circumstances to impose an ignition interlock device (IID) on persons with offenses that require it. The IID must be used during the probationary period with any cars "owned or operated" by the licensee.

This should have been taken care of at sentencing, or as part of the plea bargain discussions, but if the imposition of the IID remains, and recognizing that some people still drive without insurance, without a license, and use other person's cars, a modification of probation can be requested, changing the requirement of installation to one of installation IF the defendant owns or operates a vehicle in the future. A declaration regarding non-ownership of a vehicle must also be filed, normally, and made a part of the court's file.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.