Tuesday, January 31, 2017

Ithaca DWI Lawyer: New York Ignition Interlock Violations are Crimes

Since 2010 any New York DWI case must have a mandatory court ordered ignition interlock device. The default court order is 12 months but with good behavior (NO violations) you can request that the judge remove after 6 months. What if you are NOT perfect? What if you violate the terms of the ignition interlock device?

What if the county monitor for your interlock decides to violate you?


There are Many Different Criminal Charges for New York Interlock Violations 


VTL section 1198 is the controlling New York State vehicle and traffic law section for IID problems.
They can range from behavior that is inadvertent violation to an intentional bypass to having a friend or family member help you to circumvent the device. They can be charged as well under section VTL 1198.

1. VTL section 1198 (7) (a) It is a misdemeanor (a crime) to drive (operate) any vehicle without an IID if you are ordered to drive with an IID. That means NO rental cars, NO borrowing a friend's car, NO golf carts or even snowmobiles.

2. VTL section 1198 (7) (b) It is a misdemeanor (a crime) to knowingly rent, lease, or loan your car (or other motorized vehicle) to any person you know has an IID requirement. So friends or family can be charged with a crime to let you drive (operate) any vehicle without an IID if you are ordered to drive with an IID. That means NO loaning our a rental car, NO lending your friend a car, NO allowing them to drive even a golf carts or even snowmobiles without an IID.

3. VTL section 1198 (9) (a) It is a misdemeanor (a crime) to solicit, ask, or allow any other person to blow into your IID if you are ordered to drive with an IID. If you are driving you must blow into it and no one else. If they are actually driving then they have to use the IID to operate.

4. VTL section 1198 (9) (b) It is a misdemeanor (a crime) to blow into an IID for someone else to then drive (operate) any vehicle with an IID if they are ordered to drive with an IID.

5. VTL section 1198 (9) (c) It is a misdemeanor (a crime) for anyone to tamper with or try to circumvent an IID to then drive (operate) any vehicle with an IID if you are ordered to drive with an IID.

6. VTL section 1198 (9) (d) It is a misdemeanor (a crime) to drive (operate) a car without an IID if you are so restricted to only IID equipped cars.

New York Violations for IID are NOT Just for Not Using the Device


In addition, Under VTL 1198 (4) (a) failing to get an IID and prove proof of compliance may result in revocation, modification, or termination of your sentence to probation or a conditional discharge. You can then be re-sentenced to ANY legal sentence including up to one year in jail.

New York State IID Violations can Also Trigger Loss of Your Conditional Driver's License


Failing to get an IID can also result in loss of your DMV post revocation conditional driving privileges and license under VTL 1198 (3) (c).

Remember that all New York State driver's licenses following a DWI have the IID restriction clearly marked upon the license face. If you get pulled over this will be seen by the police but mores on their computer database it will show the IID restriction. This is nothing to fool around with or over.