What are my rights if my probation officer says that I have to blow into my interlock on the days I don’t drive?
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What are my rights if my probation officer says that I have to blow into my interlock on the days I don’t drive?
Is that true?
Asked on January 8, 2016 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your conditions of probation guide what your probation officer can and cannot do in your case. If you have conditions of probation which subject you to any drug or alcohol testing at the direction of your probation officer, then your officer's requirement that you blow daily could be considered part of that requirement. Your probation officer is charged with administering the conditions of your probation.
If you do not agree with your officer's interpretation, then you can file a motion to modify the conditions of your probation and ask the court to provide better direction. The court always has the discretion to modify, tighten, or lessen your conditions of probation... regardless of what your probation officer wants. The judge's word control... so seek out that clarification.
The one thing you do not want to do is buck or disobey your probation officer's instructions until you get a ruling by the judge. If you disobey the probation officer prior to obtaining the judge's approval to do something different, the judge could find that you willingly violated your conditions and revoke your probation. Better to seek clarification and forgiveness.
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