Dallas, TX asked in DUI / DWI for Texas

Q: Can my probation officer file motion for the removal of interlock from my car or can I do it myself or do I need lawye?

I'm on dwi probation for 17 months and the ignition interlock is to be installed in my vehicle for half of the probation period. I don't make a lot of money and I have spent so much and have debts because of this. Do I need a lawyer to file a motion for the removal of the interlock or can my po do it on my behalf or is this something I can go to the court and fill out form myself for the interlock to be removed? I have completed all my conditions and I have 2 more weeks to reach the half of my probation. All my fees are paid in full and I don't owe any restitution.

Related Topics:
1 Lawyer Answer
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • DUI & DWI Lawyer
  • Houston, TX

A: The good news is that you, your lawyer, or your PO can request the court allow you to remove the Interlock device. If your PO is willing to make the request, that would be the best way as the court usually grants the request from the PO.

If your PO will not do it, it MUST be done by a written Motion by your attorney or by you with your lawyer confirming the request or the lawyer withdrawing as counsel.

It is best to have a professional (lawyer) make the Motion, as it needs to be done clearly, well done, and the DA gets a chance to object to it.

Start with asking your PO if they will agree with your request. Then take it from there.

Good Luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.