My client’s 2016 Cadillac is having issues because of low voltage. The newer cars are going to have more and more issues as the interlock technology cannot keep up. She takes videos of the malfunctions to keep the MVA from treating it as a failure and adding a month. On October 1st when a .08 -.14 requires either a 6 month restricted license or an interlock, there will be more interlocks. Judges are going to start using them as sentencing tools and that is going to be a disaster.
On Friday I was able to keep the judge from requiring an interlock as a condition of probation by explaining the problems that are almost automatically encountered. I explained the “rolling retest failure” and how it is not an MVA failure if cured within a few minutes. What happens is if you miss the test it records this, but it asks for another blow within a minute. When you blow and pass this next test it is not a failure. However the monthly report that goes to Parole & Probation shows the missed test and they send a report to the judge. I explained most judges do not understand and will issue a summons or warrant for violation of probation. She understood and decided the interlock would not be required as a condition of probation. One of the senior probation officers was in the courtroom and heard what I argued. He followed me out and thanked me for explaining it to the judge. He says that when he sends the report to the judges he explains that it is not a violation, but they never read it. We discussed the need to have the MVA only send reports when there is an actual failure that incurs another month of interlock.
My clients are fortunate that Smart Start follows up on these and gets the violations removed where low voltage and crazy stuff happens. They are going to be overwhelmed come October 1.