If I sent my car out for report and someone blew into my interlock device, how can I prove it wasn’t me?

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If I sent my car out for report and someone blew into my interlock device, how can I prove it wasn’t me?

I got my interlock serviced and it came back that someone blew into my breathalyzer and attempted it 3 more times after. It got back to the DMV so they made it an automatic 1 year extension. I want to go through a court hearing. How can I prove to them that it was not me who blew into my breathalyzer?

Asked on September 11, 2011 under Criminal Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

By proving that the car was not under your care and control at the time that the blow in to the breathalyzer were registered.  You will need to prove that the car was at the mechanics being serviced.  Do you have a bill for the work done?  Do you have a receipt for drop off and pick up?  Witnesses to the fact that you did not have your car at the time this happened?  I can not see any other way for you to prove that the car was not under your control other than these things that I have mentioned.  Get some legal help in your area.  Good luck.


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