“I tried to start my car but failed the IID with a .05. My license is also suspended till January 4, 2018. Will I have to serve any jail time?”

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Generally, the IID sends a signal to a monitoring company which indicates you had alcohol in your breath at the time you started the car. Once the monitoring company receives the signal, the company will send a message to your Probation Officer and possibly the Erie County District Attorneys Office. It is possible that your probation officer will not violate you if you have a very good explanation, but the most likely scenario is that a violation of probation charge will be filed against you.

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In New York State, a Violation of Probation is a Class E felony and generally District Attorneys do not plead it down.

For more questions, contact a Criminal Defense Attorney in Buffalo Ny today.

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