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Defending an Ignition Interlock Device
violation in Ithaca, NY and
surrounding counties...
If you pled or were found guilty of a misdemeanor level DWI or higher, then you must have the Ignition Interlock Device installed on your car. The period ranges from 12 months to 5 years if on felony probation (or longer if the DMV deems it so...).
If you blow into the device and it registers a 0.05% BAC or higher, then you can be violated for failing to comply with the program. Technically, what you will be charged with for violating the IID will depend on how you were originally sentenced.
If you were originally sentenced to a one-year Conditional Discharge, then you will be charged with a violation of the CD (along with a separate misdemeanor charge for the violation itself). If found guilty of the violation, the DA can ask for a change in your sentence--and the Judge has the authority to alter your previous sentence and re-sentence you up to the maximum penalties of whatever you were convicted of...for a DWI misdemeanor, that means up to 1 year in county jail or 3 years of probation (or some combination) or they could extend the CD or add community service, etc. The sky's the limit.
If you were originally sentenced to 3 years of probation, then your probation officer could file a violation of probation for a violation of the IID (in addition to a new crime for the violation itself --same as above). In this scenario, the probation officer can make recommendations for new sentencing to the Judge--and the Judge has authority to re-sentence you up the maximum penalty of whatever you were convicted of... same principle as above. Problem with a probation sentence is that the Court has already sentenced you fairly harshly by putting you on probation in the first place... The only way to increase a penalty from there is usually a jail sentence. It will often depend upon what your probation officer says about you --and how compliant you have been while on probation.
If you were sentenced to a Felony DWI, then the potential consequences are really serious (up to 4 years in NY State Prison)...
Problems Defending an IID Violation --Things to Know & Understand
If you went through the criminal process for a DWI, then you hopefully understand that during the original criminal case, the burden to prove whether or not you committed a crime was on the Prosecutor to prove their case "beyond a reasonable doubt." This is the highest level of proof in the legal system.
Unfortunately, if you are charged with a violation of the IID, the standard of proof is decreased substantially to a civil standard called a "preponderance of the evidence." In New York and elsewhere, this civil standard is very easy to meet for a Prosecutor. They just have to prove that "it was more likely than not" that you committed the violation... in otherwise, they just have to prove a 51% chance that you did it! That's a low standard--barely more than a coin flip.
In the majority of IID violation cases, the Prosecutor has a report from your device that has your picture, the date, and the BAC number at 0.05% or higher. Due to the low standard of proof, they can typically prove their case with little difficulty.
In this scenario, you are entitled to a hearing before a Judge, but not entitled to a jury. That also limits whatever defense we can mount because each Judge has their own personality and method of dealing with IID violations. Some Judges are more lenient and some Judges are harsh. It is the luck of the draw.
What strategies can we use to defend an IID violation?
In criminal defense, there are usually two avenues to defend any case-- a legal defense (i.e. challenging the PROOF that you did something) and an "equities defense." An Equities defense is based on who you are and arguing that justice can be served by NOT punishing you harshly. This type of defense typically requires some additional drug/alcohol treatment and assessment by an OASAS certified provider. It also requires any info we can use to show that you are a good person who made a mistake. The goal is to show (as best we can) that your IID violation was an aberration, not a pattern of behavior. [although in reality, this is really your second strike against you because of the original DWI charges...]
In our experience, we get the best results for our clients when we know both the ADA in charge of the case and the Judge. Each ADA and Judge has their own outlook on how to handle/punish these cases. Depending on the Judge or ADA, some penalties cannot be avoided (in some towns around Ithaca --some jail should be expected for an IID violation); however, there are ways to try to limit the potential punishments by being diligent and thorough. We often ask the opinion of the county STOP DWI Monitor as to what they think your sentence should be. This is done on a case-by-case basis...not in every case.
If you have been charged with an IID violation or violation of your Conditional Discharge or Probation, you can give us a call for a FREE consultation at 607-229-5184.
By Attorney Mike Cyr
607-229-5184
www.ithacadwi.com
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Copyright Cyr & Associates 2015
