Monday, February 15, 2010

Ithaca DWI Lawyer Revisits New York Ignition Interlock Law

Well it has been awhile since my last post, and so much has gone on...where should I begin??

First in January I attended The Trial Lawyers College Regional Seminar on discovering the story of your case in Monterey, CA. It was a nice break to go to California in January considering that Ithaca was either below zero with wind chills or flush with some snow, I welcomed the break and more importantly a chance to rub shoulders and minds with Gerry Spence (one of the country's best trial lawyers) and others from around the country.

Now to the topic for today, the NEW mandatory New York DWI IID (Ignition Interlock Device) Law will become effective for all DWI offenses (ADWI (aggravated) VTL 1192 (1) (a), DWI common law VTL 1192 (3), and DWI per se VTL 1192 (2)) on August 15, 2010.

It will be mandatory for sentences with CDs (conditional discharges) as well as sentences involving terms of probation.

It will be mandatory for at least a six (6) month term. This shall include installation and maintenance of the device on any and all vehicles owned or operated. NOTE: Even if you do not operate that vehicle and are merely an owner it still must have an IID installed and maintained on it or title must be transferred.

If you drive a company car it does NOT have to have the IID, but

1. The company (employer) must be notified of your license revocation;
2. The company (employer) must provide a letter to the Court and to Probation which states they have given you permission to operate that vehicle.

The majority of companies (employers) will likely fire an employee (who has to drive a company car) rather than face the risk of future liability. It is unlikely that their (the company's) auto insurance carrier would understand and/or cover for any employees having to have an IID on their personal vehicles but being allowed by their employers to drive the company car.

New laws, new rules, new applications in the ever changing landscape of New York DWI charges.