fbpx
CALL OR TEXT 24/7:  909.939.7126
Open/Close Menu Inland Empire Criminal Defense
A glass of whiskey with ice next to a set of car keys and an unfolded newspaper on a dark surface.

VC 23247(e): Ignition Interlock Device Violation

Legal Definition:

VC 23247(e) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device.

To be found guilty under VC 23247(e) the prosecution must prove that you:

  1. Operated a motor vehicle on a restricted driver’s license,

And 2.You did so without having an IID equipped within the car.

What does this mean?

Certain crimes under California law required the installation of an Interlock Device. For example, under SB 1046, After January 1, 2019, any person convicted of a DUI offense in California, are required to install an Ignition Interlock Device upon conviction of a DUI. A common example of this is a person driving a work vehicle, without an interlock device installed because it is instead installed in your personal vehicle.

As this section shows, this is a misdemeanor crime to drive without an interlock device installed in your car, when required to based on a previous conviction. This is not a charge by itself, it requires a previous conviction of a qualifying offense before you can be charged with this. This charge can also lead to a Probation Violation, for the underlying offense, in addition to this new charge.

Penalties

A violation under VC 23247(e) is a misdemeanor offense. If convicted of this charge as a misdemeanor, you could be sentenced up to six months in County Jail. You would be required to serve at least 50% of that time in custody. You could also be fined up to $5,000 for a conviction under this section. The DMV can also suspend your license, or revoke your restricted license, upon conviction for this charge.

This is not a strike offense under California’s Three Strikes Law. It is also not a Sex Offense requiring Sex Registration under PC 290VC 23247(e) is not a crime of moral turpitude, so it would not directly impact your status in Immigration Court or if you have a professional license.

Common Defenses

  1. Statute of Limitations
  2. Insufficient Evidence
  3. Violation of Rights
  4. Necessity

To show that you can use the defense of Necessity, you must show that: you committed a crime; in an emergency, and in order to prevent “significant bodily harm or evil” to either yourself or someone else. In other words, you are driving a car without the interlock in an emergency situation. An example would be a car accident where your driver is knocked unconscious, and the car is in the middle of the road. Moving the car off of the road would be driving, but it would be excusable under the necessity defense.

If you do not have a qualifying DUI conviction, then you cannot be charged with the required to have the interlock installed. Failing to show your DUI required an interlock device, would mean there is insufficient evidence to prove you guilty of the crime. An example could mean a DUI without a requirement for an interlock device, such as one prior to SB 1046.

Call Today

A conviction under California Vehicle Code 23247(e) can lead to serious repercussions, exacerbating the difficulties already present from an initial conviction. This could result in a probation violation coupled with a new misdemeanor offense, potentially leading to extended incarceration, elevated fines, and a significant suspension of your driving privileges.

At Inland Empire Criminal Defense, our Ontario attorney is highly experienced in handling cases under VC 23247(e), particularly related to DUI offenses. We have a strong track record of success, demonstrating our ability to effectively navigate the complexities of such cases.

Understanding the severity of these charges, we are committed to providing comprehensive legal support. We offer a free initial consultation and remain available around the clock to respond to your concerns and questions.

If you’re facing charges under VC 23247(e) or related DUI offenses, prompt and knowledgeable legal representation is crucial. Contact Inland Empire Criminal Defense at 909-281-0565 for expert legal guidance and support. Our office, located in Ontario, CA, is well-equipped to assist you in navigating these challenging legal waters.

Frequently Asked Questions (FAQ’s)

Does the attorney offer confidential consultations?

Absolutely, Inland Empire Criminal Defense prioritizes your privacy and confidentiality. Every consultation with our attorney is conducted with the utmost discretion, ensuring your information remains secure and private.

Does the attorney offer payment plans?

Yes, understanding the financial pressures that can come with legal representation, our attorney offers flexible payment plans. This approach ensures that quality legal defense is accessible for all our clients in Riverside, San Bernardino, and Los Angeles Counties.

Is the consultation free?

Yes, Inland Empire Criminal Defense offers free consultations. This is part of our commitment to providing accessible and transparent legal services to residents of Riverside, San Bernardino, and Los Angeles Counties.

Are the consultations in person or only over the phone?

We offer both in-person and over-the-phone consultations to accommodate your preferences and needs. Whether you’re in Riverside, San Bernardino, or Los Angeles County, we ensure that you can access our legal services in the way that suits you best.

Is the office open on weekends?

Our office is typically closed on weekends. However, we do make exceptions for meetings by special arrangement. Our commitment is to be as accommodating as possible to meet the unique needs of our clients in Riverside, San Bernardino, and Los Angeles Counties.

Does the attorney serve all of California?

Our legal services are specifically tailored to residents of Riverside, San Bernardino, and Los Angeles Counties. For cases outside these areas, we recommend consulting avvo.com to find appropriate legal assistance. Our focused approach allows us to provide specialized defense catering to the unique legal landscape of these counties.

Write a comment:

*

Your email address will not be published.

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. If you would like to find out more information about your particular legal matter, contact our office for a consultation.

© 2023 Inland Empire Criminal Defense. Site Designed by Inbound Surge, a Digital Creative Agency.

logo-footer

    îŚ«    îŚ®    îŚµ    îŚŻ    î„­