How can I fight a citation for not having interlock device on a motorcycle?

UPDATED: Sep 7, 2011

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How can I fight a citation for not having interlock device on a motorcycle?

I have a restricted licence due to DUI which requires to have interlock device on my car, which I do. But recently I was riding a motorcycle and was cited for not have interlock device on the motorcycle. CA law does not allow you to have that device on the motorcycle. Give me advice on how to proceed with this citation; I have a court appearance next month.

Asked on September 7, 2011 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The way to contest the citiation for not having an interlock device upon the motorcycle you were driving is to go online and pull up California's law on interlock requirements concerning automobiles and print out the information showing that this state's laws does not have such a requirement for this device for motorcycles.

Be prepared to take this information to next month's court hearing concerning your most recent citation so you can provide this information to the judge hearing your case. Make sure that you make extra copies of the information that you have pulled during your research on the subject.

You might even want to work up a short brief on the subject with citations to present at the hearing next month.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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