Wednesday, April 27, 2011

Ithaca Cortland DWI Lawyer: Leandra's Law (Ignition Interlock) Problems

As a DWI defense lawyer practicing in Ithaca and the surrounding counties I see a great many clients who eventually require an ignition interlock installed in their cars. Leandra's Law is not a maybe with a New York DWI, it is a must have.

What you (or your lawyer) don't know can hurt you.

IID BASICS or the Most Common FAQs

1. Is an IID a Must or a Should have?

The IID is not discretionary for NYS DWIs, it is Mandatory since August, 2010.
The Judges and the District Attorneys have no leeway or power here, if is a DWI (VTL 1192 (2), VTL 1192 (3), or ADWI (VTL 1192 (a) (a) then a device MUST be installed within 10 days of sentencing.
Bottom Line: There is NO plea bargaining concerning IIDs.

2. What If you don't have a car? Rented a car with your DWI or borrowed a car with your DWI.

You still must install this device on a car for a minimum of six months. Sometime and somewhere this requirement must be met. It will remain on your driving record until it is met.

I have had people have to borrow cars, buy cars, and lease cars to meet this requirement.

3. What if I live in another state?

It does not matter if you live in NYS or someplace else, you will have to get it installed. So if you live in PA, TX, or CA expect to hunt down an IID provider location, and then they will report back to the county monitor in NYS every 30 days. many of these IID providers have National Support. If you plan on moving (relocating) then plan on continuing monitoring as well. As long as the County Monitor is kept informed and updated it should not be a problem. The device must be downloaded at a physical location every 30 days.

4. Can I just wait out the time period without driving?

NO, sometime and somewhere this requirement must be met for you to be released by New York State.

Lawrence (Larry) Newman, D.C., J.D.

504 North Aurora Street
Ithaca, NY 14850