Q: My husband got a DUI 1 & 1/2 years ago. There is an interlock device on the car. There have been no infractions
The judge requires monthly proof of insurance. He faxed it & was handed what was supposed to be confirmation, but he found out that it had not actually gone through. So, while the insurance payment was made early, the faxed proof got to the judge 2 days late as their fax machine was not working or on.
My husband has been doing well in the programs, and just been promoted into the final phase before this.
The judge called him to court, and now has placed a timer on the interlock device for two months as (her words) punishment.
We have only this one car. The timer device prevents him, and me the other driver, from using the car from 6 pm to 6 am 7 days a week, & complete weekends. I have a right to drive our car whenever I want or need to. If it shuts down, I could be stranded and endangered.
The judge has no right to restrict my use of our car in any way.
How do I stop the judge from infringing on my rights?
A: The judge may require interlock on any vehicle your husband operates, regardless of who else operates it. If your husband is not driving, he can submit an affidavit of No Driving and the interlock may be removed from your vehicle and free for you to use at will. Also, your husband may be eligible for early releases from probation depending upon the level of DWI he received and the amount of probation already completed. Consult with an experienced DWI attorney at your earliest convenience. To learn more about DWIs in Texas visit http://versustexas.com/custom-home/practice-areas/criminal-cases/charged-with-an-intoxication-related-offense/driving-while-intoxicated/.
A: The judge is not infringing on your rights. The ability to drive is a privilege. If you explain your situation and and document your need to drive the vehicle most judges will work with you. For some reason I have a hunch you are leaving out other information which is causing this to be a problem.
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