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Can Ignition Interlock Be Installed On A Car Not Registered To Me

What if I was ordered to install an interlock device but I don't take a automobile?

Install an interlock device but I don't have a car

Prior to sentencing, many people don't think of the ignition interlock device (IID) as beingness one of the "tougher" DUI penalties. For people that drive every day, however, information technology'due south a huge brunt—it's expensive to install, it costs more money the longer yous take information technology, and it interrupts every trip you accept in your car.

Merely what if yous don't drive ofttimes, or even own a machine—and the judge nevertheless ordered yous to install an IID? In that case, you tin can get the IID requirement waived.

How do I waive the IID requirement?

The way you waive the requirement is to file a grade called a declaration of non-ownership. This is a brusk form (often but one page) that you can get from the courtroom that bedevilled you. This will generally be the Superior Court in the county where you were arrested.

On the form, you are required to list all vehicles that you ain or "have access to." If you don't take whatsoever, and volition not utilise anyone else'south, you can declare that:

  • I don't own any vehicles
  • I don't operate or accept admission to anyone else'south vehicles
  • I don't operate or accept access to my employer's vehicles

You can then submit the course to the courthouse, which will laissez passer the information to the DMV. Your IID requirement is then considered to be fulfilled.

Is there a deadline to file the proclamation of non-ownership?

Aye. You must file it within 30 days of being ordered to install an IID. You should assume that this means 30 days from the date of your confidence. The DMV will often send out a discover informing you of your IID requirement, but defendants don't always receive these notices, or they come up very slowly.

Missing the deadline means that the courtroom volition expect proof that y'all installed an IID. Since you don't have a car, at that place is no way for yous to provide that proof and y'all will likely be penalized for not fulfilling your probation terms.

If in doubt, file the grade immediately, the very same day as your sentencing if possible.

Are there whatever consequences for waiving the IID requirement?

As long equally you do not drive for whatsoever reason, and so no, there are no consequences. The just real "consequence" is that you relieve a lot of coin.

However, you must call back that y'all are still not allowed to bulldoze a car without an IID installed. If you purchase a automobile, or infringe or employ someone else's car, and it doesn't have an IID, then driving information technology is a violation of your DUI probation. Your restricted commuter's license, if you lot choose to become 1, will show the IID requirement so that any officer who pulls you over knows about it.

What if I own a car but I don't plan to drive it. Can I waive the IID?

No. If you own a automobile in your proper name, and so the court society is binding and you must equip it with an IID and show proof that you have done then. Even if yous never drive it until your judgement is over, failing to declare it and get proof of an IID could also exist punished every bit a probation violation.

What if someone else in my family owns a automobile?

Exist cautious. Technically, if you don't own, operate or have "access" to the car, you shouldn't have to install the IID. But if this ever comes under scrutiny from the court, it could make you expect like you intentionally dodged your probation requirement.

In general, you have "access" to a car if it is kept on your property or endemic by someone you are close to (such as a meaning other) and you take access to the keys. If a significant other owns the auto merely you won't even accept keys to it, yous may be able to file the declaration of non-ownership and waive the IID. You should check with your DUI lawyer to be sure.

Accept you been charged with DUI? We tin can connect y'all with an experienced Los Angeles DUI lawyer and get y'all a FREE consultation. Fill out the form to the right or phone call (310) 862-0199 and get your free consultation today.

Can Ignition Interlock Be Installed On A Car Not Registered To Me,

Source: https://www.losangelesduiattorney.com/dui-faq/what-if-i-was-ordered-to-install-an-interlock-device-but-i-dont-have-a-car/

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