What happens if you drive
WITHOUT a Court-ordered
Ignition Interlock Device in NY?
Quick answer: You are charged with a Class A misdemeanor (and probably a violation of Probation or a Conditional Discharge).
The idea behind this post is an article that was recently published about how MANY, MANY Ignition Interlock orders across New York are being ignored. The article lists that only 26% of people sentenced to an IID are actually installing them.
I agree with the article that the figure is misleading because many people (especially those convicted of Felony DWI) sign an agreement to NOT drive anything for a long period of time following a conviction. Then, if they ever want to drive again, they will be required at that point to put the IID on their car.
According to Vehicle and Traffic Law, section 1198 (9)(a) through (e),CIRCUMVENTING AN IGNITION INTERLOCK DEVICE is a Class A misdemeanor for a person convicted of DWI in New York to NOT have the court ordered Ignition Interlock Device on their car.
A Class A misdemeanor carries the SAME PENALTIES as a first offense DWI (so it would be like starting a new case all over again right after resolving a DWI)!
Penalties include: -up to 1 year in jail / up to 3 years of Probation / fines / fees /etc
MORE IMPORTANTLY, if you fail to comply with the Ignition Interlock requirements set forth by the Court, then you will ALSO be charged with violating your Probation or Conditional Discharge.
If you are facing a Violation of a Conditional DIscharge or Probation then it is much harder to defend because the Prosecutor does NOT have to prove the charge beyond a reasonable doubt; instead the District Attorney only must prove "more likely than not" that you violated. This is a CIVIL STANDARD called a preponderance of the evidence.
If you are convicted of a DWI, you are required to have an IID installed within 10 days of sentencing (and must contact the local STOP-DWI monitor within 3 days of installation). In the meantime, a Defendant cannot drive anything after sentencing without an IID on the car--so it makes sense to either get it on the car BEFORE sentencing (in some counties you can do this) and in others you must wait until after sentencing (like in Tompkins).
The Ignition Interlock requirement NEVER goes away, so it must be complied with at some point in time in order to make the New York DMV and local court satisfied.
By Attorney Mike Cyr
607-229-5184
E: mike.ithacadwi@gmail.com
www.ithacadwi.com
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Copyright 2015
