QUESTION
Will we have to put an IID on both my cars?
Asked on Mar 05th, 2011 on DUI/DWI - California
More details to this question:
We have two cars, both in my name. One car is driven exclusively by me and the other by my wife. As the daughter of a police chief and non-drinker I would like to avoid putting an IID on "her" car. Can I just sign the car title over to her or must I put an IID on both cars in order to get a restricted driver's license?
5 ANSWERS
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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It would help to sign the car over to her. The Court has no jurisdiction over her, but does over you, and therefore your chattels. Even though you live together, if that car is in her name and she either submits an Affidavit that you do not have access to the car (or keys) and are not permitted to drive it, or appears personally in Court to testify, that should be the end of it. The Court cannot force her to use an IID, because she is not on probation. If the Court still tries to compel her to do so, wait for the Court/Department of Probation to file a a Violation of Probation. Then, proceed to Hearing on the issue, and have your Attorney/Public Defender appeal any ruling not in your favor.
Answered on Mar 08th, 2011 at 12:20 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Anyone with a requirement to do so will probably only have to install on the car[s] they drive. They just cant get caught using any other vehicle not equipped. Remember the installation is to limit the person, not the vehicle. Read the probation and sentencing report for any specific detail imposed by the court or DMV. If it says every vehicle in your name, then transfer one out of your name.
Answered on Mar 08th, 2011 at 11:15 AM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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I don't know how the judge fashioned your sentencing order but normally they will require IID on any car you own or drive, therefore if you never drive her car you can comply with the order by transferring ownership of her car to her.
Answered on Mar 08th, 2011 at 11:15 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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You are supposed to get an IID on all cars registered to your name and that you have access too. While you have the IID restriction, you are not supposed to drive any cars that are not equipped with an interlock device. You can petition the DMV for an exemption from getting an Interlock device. If you sign title over your car to someone else and have the registration changed, you still may have an issue with the "access" to the car. An attorney can help assist you in this matter, or you can try contacting the DMV and filling out the exemption paperwork directly. You can contact me should you have additional questions about this.
Answered on Mar 07th, 2011 at 1:30 PM
In order for a car to avoid the IID requirement, it must: 1) not have your name on the title, and 2) not be accessible to you.
Answered on Mar 07th, 2011 at 1:25 PM