What can be done if the judge says the state minimum for an ignition interlock is 2 years, when everything I find says 6 months?

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What can be done if the judge says the state minimum for an ignition interlock is 2 years, when everything I find says 6 months?

I was informed by my probation officer that I would be able to appear in front of the judge to request that my interlock be taken off my car due to financial hardship. Before I was even able to explain the hardship he informed me that the law was that it had to be on there for 2 years.I asked why on DOR website its says 6 months minimum. He explained to me that there was a sentence in the law that states something about 2 years and that they weren’t sure what that means so its 2 years. I have looked at state law several times and cant find anything about 2 years.

Asked on October 18, 2011 under Criminal Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The problem that you are facing is that the person who you went before concerning the request that the ingnition interlock device be taken off your car due to a financial hardship before the expiration of the two (2) year period that you are writing about is the judge making the decision as to your request.

His or her decision as to your request is the court's decision right or wrong. If you believe that the decision is incorrect, then your option is to file an appeal with your state's court of appeal concerning the request for the removal of your vehicle's interlock device. Appeals are costly and technical.

Given this fact, if there is an appeal by you, I recommend that you retain an attorney experienced in the criminal appellate process to assist you.

Good luck.


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