i know that if i sell my car i will not have to put ignition interlock and immobilization. can i sell the car to my mother in law. or can i give the car to her as a gift and turn in my tags
2 Answers from Attorneys
You are incorrect about the interlock and immobilzation. The vehicle immobilization is usually a condition of probation, and even if it isn't the DMV requires proof that it was completed or else they can suspend your license. On the interlock, that requirement transfers from car to car until the time period is complete. So, even though you sell the car to your mother, if that is the car you consistently use, it will have to stay on that car. If you sell the car to a stranger, then you will need to put it on the car that you regularly use, whether it be a new car, a friend's car, a relative's car, etc. Sorry but there is really no good way around the interlock requirement.
If you do not own a car, then the Judge will consider not ordering the immobilization of your vehicle at the time you enter your plea if your DUI Attorney requests so. Some Judges will have no problem doing it, other Judges will want to take sworn testimony from you, etc. etc. If you own a car, the Judge will only entertain waiving the immobilization if immobilization will pose a sever hardship on someone else in your family.
As for the ignition interlock, if you are going to be driving the car, the interlock needs to be on it. Otherwise, you will be unable to drive. This applies to whatever car you will have as your primary means of transportation. Otherwise, you will just have to sit with no license during the time that you could have had a hardship and interlock.