Legal Question in Traffic Law in California

I received 3 years of probation for driving on a suspended license. One of the terms to my probation was to go to the DMV to get an Interlock device for my car. I haven't owned a car nor do I drive a car, other than the night I got the original citation. So I wasn't able to install an interlock device on the car that I don't have. Now I just received a notice to appear regarding the alleged violation of my probation for term: 6 (Interlock Device). I'm confused because for one, my driving on a suspended license was not alcohol related and I don't own or operate a vehicle. My question is: Do I have to appear in court to get this resolved, because I don't own or operate a car? Did I somehow violate my probation for not installing an interlock device, even though it's impossible to install one when I don't own or operate a car?


Asked on 5/24/11, 5:27 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Obviously the court was not aware of your lack of ownership; you should have immediately notified the court when you found out about the terms of your probation. The court may have used a form listing the normal sanctions for your violation and was unaware of the specific circumstances of your case. If you have a parole/probation agent immediately discuss the situation with them. If you can not resolve it at that level, you will have to go to court and explain the situation to the judge. But I suspect there is more than you may have told us as 3 years probation for a first offense sounds very harsh.

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Answered on 5/24/11, 9:02 pm


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