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  1. #1

    Default Driving Without a Properly Installed Ignition Interlock Device

    My question involves criminal law for the state of: FLORIDA. I had 2 this on a florida license so I got a 5 year revocation. I am now. An ohio resident and florida allowed me to have the device installed in ohio. I had it done last week in order to start the process to get my record cleared in florida so I can get an ohio license. However I had some problems due to bad info from my installer that I didnt know was wrong at the time. We had it installed on my wife's car who is not required to have the device. The installer showed me how to use the device then I was going to show my wife as I do not have license yet. He insisted it would be 20 minutes until I had to blow a retest. Of course he was wrong and it wanted a retest while we finished up paperwork. We went to car and i panicked when i saw it had only 1 minute 33 seconds left and blew in it. I then put our bavy in the car and stroller and such and totally forgot to have my wife turn the car off and blow in it to start the car so I accidentally blew for her initially and she blew on the next test. I also was told by the installer that I could unplug the device on cold days so I did so twice when we had really cold nights. I just found out today from intoxalock that this is not allowed and can be construed as a violation. I'm highly concerned I will be charged with something or my time extended or my revocation extended. It was an honest mistake and I am just trying to play by the rules. I am trying to talk to florida but if you know the florida dmv you know they are almost impossible to get on the phone. Can anyone advise me how to proceed or what consequences I may be looking at?
    Thank you.
    Caleb

  2. #2
    Join Date
    Sep 2010
    Posts
    18,904

    Default Re: Interlock Device Florida

    Yes, you need attorneys in both Ohio and Florida. You're breaking the law in both states.

    I'm not sure what you are doing. Once your five years was up, you should have been able to clear things up with Florida and get an Ohio license.

    If the installer really said this, he was wrong. Further, there are holes in your story as well. You're going to need an attorney ( or two).

  3. #3

    Default Re: Interlock Device Florida

    I am clearing it in florida. Florida required me to have interlock installed before I can clear my record with them. Florida is the monitoring authority. Where is the hole in my story?

    I know the installer was wrong. intoxalock is contacting him as we speak. I will be glad to clear up anything that isn't clear if you point out what needs clarification

    I had a 5 year revocation from florida for 2 duis within 5 years. Now that the time is up florida requires I get the interlock installed in order for them to clear my record

    My apologies I see where the mistake was.

  4. #4
    Join Date
    Dec 2008
    Posts
    619

    Default Re: Interlock Device Florida

    I'm missing where an interlock device will do anything for you at this point. You don't have a lic. so when would you use an interlock device? The interlock device is to ensure that you are sober when driving but since you should never be driving there's no need to ensure you are driving sober.

  5. #5
    Join Date
    Sep 2010
    Posts
    18,904

    Default Re: Interlock Device Florida

    To reinstate in Florida, he needs an interlock for a year. However, since he's not a resident there, what he needs is his license marked non-disqualified so he can get a Tennessee license.

  6. #6
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Interlock Device Florida

    Quote Quoting yyz0
    View Post
    I'm missing where an interlock device will do anything for you at this point. You don't have a lic. so when would you use an interlock device? The interlock device is to ensure that you are sober when driving but since you should never be driving there's no need to ensure you are driving sober.
    You can have an interlock and not drive. As long as it's properly installed for the requisite time period, nobody usually cares about whether you actually drive or not. It's just a formality in those cases but a required formality.

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