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.
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!
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