Ithaca DWI attorney: New Hand BIO-SENSOR in development to stop Drunk Driving

Sober Steering Photo, per article below

Bio-Sensor for your HANDS ON WHEEL

in development in Canada to 

detect/prevent Drunk Driving 

As a DWI defense lawyer, I try to keep up with developments in both the law and technology/law enforcement side of things... 

On Sept. 17, 2015, this article appeared about a Canadian company with U.S. ties that is working on a BIO-SENSOR that will supposedly measure your Blood-Alcohol Concentration through your skin.  It will be fit onto steering wheels and will be connected to the Transmission of the car. 

http://www.autoblog.com/2015/09/17/biosensor-tech-detects-drunk-drivers-hands-steering-wheels/

I think that it is interesting that this company is planning on measuring your Blood-Alcohol Concentration through your skin... unfortunately, the company fails to mention how it plans to accomplish that task scientifically.  

As with any measuring system, I worry about the basic premise --they would be measuring your SKIN to determine what's in your BLOOD.  Therefore, I see inherent problems and potential for false positives.   I imagine they will be using some form of infrared light spectroscopy to determine the BAC of a person.  The only sort of technology that will be universally accepted will have to be non-invasive (i.e. not giving you a pin-prick and actually testing your blood).  It will also have to be convenient.

The other new part of the technology is that this does not affect the IGNITION like current systems.  This new technology is designed to control the car's TRANSMISSION.  I think this is a good idea because it allows the car to be running even with a failed test.  This is important in the winter when it's freezing outside and you need the heat inside the car.  

However, most states in the US have laws that make it a crime to be drunk in a car when the keys are in the ignition.  New York does.  So, hypothetically, if this technology was universally installed, the police could still charge people with DWI even if they are just sitting in their disabled car with the engine running in the cold... 

I think this sort of technology will eventually be mandated by the federal government on all vehicles.  I just hope that it proves reliable enough so that those accused of DWI are not unfairly convicted --and those of us that do NOT drink and drive will not be significantly inconvenienced.   Guess we will have to wait and see... 

I'll be monitoring their progress with interest.  

By Attorney Mike Cyr

Call us if you have questions about IGNITION INTERLOCK DEVICES :  

607-229-5184

Email:  mike.ithacadwi@gmail.com

www.ithacadwi.com

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Ithaca Cortland DWI lawyer: What is the NATIONAL DRIVER REGISTRY? Federal Tracking of NY tickets and crimes

Great 80's movie!  image courtesy of wikipedia.org

FEDERAL TRACKING OF YOUR LICENSE:

The National Driver Registry

This is an excerpt from our free ebook, "Everything You Need to Know About a NEW YORK DWI and Your DRIVER'S LICENSE," by Attorneys Mike Cyr and Larry Newman.  

Here is the link. 

Life, like law, has a great many layers. Changing your perspectives, angle, or
viewpoint of the same situation may depress or elate you. Laws, rules, and
statutes come in different varieties and levels. We have Federal laws, State laws,
and local (municipal) laws. In fact, you may be brought up on charges across the
board (all three) in some cases. Sometimes violations are segmented (isolated to
one area), sometimes they may spill over into multiple jurisdictions.

The Feds and Federal Law

The old expression, "are you making a Federal case out of it?" refers to the
complex, harsh, and conservative Federal (government) regulations. Bringing a
claim in Federal Court or being brought to a Federal Court (IRS, FBI, NSA) on
criminal charges is not fun. Federal cases and potential Federal influence must
always be considered with any state criminal or even non-criminal charge.
Federal Influence on New York State Traffic (i.e. speeding) Violations
National Driver Registry (the NDR) and Federal law, 23 CFR 1327.5(b)(1)
They (any state) will eventually find out about any outstanding traffic offenses in
any other state, upon either your application for a driver's license or your renewal
of a driver's license.

What is the NDR?

The National Driver Register (NDR) is a computerized database of information
about drivers who have had their licenses revoked or suspended, or who have
been convicted of serious traffic violations such as driving while impaired by
alcohol or drugs. State motor vehicle agencies provide NDR with the names of
individuals who have lost their privilege or who have been convicted of a serious
traffic violation. When a person applies for a driver's license the state checks to
see if the name is on the NDR file. If a person has been reported to the NDR as a
problem driver, the license may be denied.

Remember, any untaken care of traffic violations will default to a license
(privilege) suspension in New York State. This is not a maybe, it is a fact.

License = a privilege to drive in that state (whether you have a license there or
someplace else).

How it (NDR) works:

When a person renews or applies for a driver's license in any state the MVA
(Motor Vehicle Association) must check to see if the name is on the NDR
Problem Driver Pointer System (PDPS) (as required by federal law--see 23 CFR
1327.5(b)(1))

All Motor Vehicle Associations must check you under Federal Law 23 CFR
1327.5(b)(1).

*The state that gave you any license "privileges" only has jurisdiction/authority
over your "privileges" in that state, but if you drive in any other state during that
time (of driving), you have an assumed driving privilege in that state.

KEY TAKEAWAY:

Violations, even non-criminal offenses, can have a long and deep Federal impact
upon your life: whether that is your ability to complete your education, your ability
to drive a car, and/or your ability to get a job.

In New York State, a driver's license (or privilege) can be suspended for many
different reasons. Remember NYS can ONLY suspend privileges of Out-of-State
holders, they can't suspend your home state license, only your home state can
do that.

By Attorney Mike Cyr and Larry Newman

CALL US: 607-229-5184

Email:  mike.ithacadwi@gmail.com

COPYRIGHT CYR & ASSOCIATES 2015

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Ithaca Bath DWI lawyer: It is ILLEGAL to sentence an Ignition Interlock Device for VTL 1192.4 DWAI Drugs in New York

Some weed in a Car....DWAI Drug VTL 1192.4 (Driving While Ability Impaired By Drug)

It is ILLEGAL to sentence an

Ignition Interlock Device

if you are convicted ONLY of

DWAI Drug (VTL 1192.4)! 

There is a common misconception among Justice Courts and Probation Departments in upstate New York that it is appropriate to order an Ignition Interlock Device for 1 year for a person convicted of a SINGLE COUNT of DWAI Drug (VTL 1192.4). 

IT IS NOT TRUE.

I recently had a case where my client had pled guilty to a SINGLE COUNT of DWAI Drugs.  However, she also had regular alcohol-related DWI charges at the start of the case.  Due to the plea deal I made with the Prosecutor, we decided that pleading guilty to one count of DWAI Drugs made sense, in part, due the fact he would not have to get an Ignition Interlock Device on her car.  

The Probation Department performed a "Pre-Sentence Investigation" (aka PSI) of her life to make a recommendation to the Judge before sentencing.  During their investigation, they discovered other alcohol-related issues in my client's past.  As a result, they recommended the installation of an Ignition Interlock Device for 1 year (even though the law doesn't allow this sentence). 

What does the law say?

The Ignition Interlock Device sentence is found in Penal Law section 65.10(2)(k-1):

"The Court may require the IID condition only where a person has been convicted of violation of VTL 1192.2 (DWI over .08), 1192.2a (Agg. DWI .18), or 1192.3 (DWI common law), or any crime defined by the VTL ("Vehicle and Traffic Law") or this chapter of which an alcohol-related violation of any provision is an essential element."  

There is more information in Vehicle and Traffic Law, section 1198(2)(a) and 1198(3)(d)

ALSO, this provision was challenged in the New York Courts in 2012.  In People v. Levy, the Appellate Court (2nd dept) found that it was an imposition of an illegal sentence to make an Ignition Interlock Device part of a VTL 1192.4 sentence for a Felony DWAI drug conviction.   Here is a link to the case.  

Why should you care?

Unfortunately, I've seen many instances of Town and Village Court Justices who do NOT understand this provision and attempt to sentence people to an IID when it is ILLEGAL.  

That is why it is important to be represented by an attorney who handles DWI and DWAI drug cases on a frequent basis.  These kinds of cases are full of pitfalls for the inexperienced criminal defense attorney (or even the general criminal practitioner).  

DWI and DWAI drug cases are a subsection of law all their own.  

Do you have questions about a DWAI Drug or DWI case?  

Give me a call:  607-229-5184

Email me:  mike.ithacadwi@gmail.com

By Attorney Mike Cyr

Cyr & Associates

www.ithacadwi.com

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Ithaca Watkins Glen DWI lawyer: How a Blood Test DOESN'T test your actual Blood in New York!

(image courtesy picturequotes.com)

HOW YOUR BLOOD GETS TESTED IN NEW YORK....WITHOUT EVER TESTING

YOUR ACTUAL BLOOD...

Huh?  What you say?  

If you are suspected of drugged driving or drunk driving in New York, then you will likely be subject to a BLOOD TEST by the police.  

If you give or are forced to give a sample of your blood to be tested in a New York crime lab, then your blood itself... WILL PROBABLY NOT BE TESTED.  

Instead, the gas portion of a vial containing your blood will be tested. 

WHAT AM I TALKIN' BOUT? 

--------

Let me break it down.  There are two common ways to analyze and separate compounds in liquid like human blood.  

1.  Gas Chromatography (where the actual liquid is heated into gas form and tested) 

[see this post]

AND...

2.  HEADSPACE Gas Chromatography (where only the GAS from a liquid sample is tested)

I'm referring to #2.   

What is "Headspace Gas Chromatography" ?  

It is basically the same process as regular Gas Chromatography; however, only the vapor from a liquid is measured and broken down by the machine (instead of the liquid itself...).  

Why does that matter if they use this method of testing on your blood in a DWI or DWAI drugs case? 

...BECAUSE IT CAN BE INACCURATE.

Problems with Headspace Gas Chromatography

1.  Twice the amount of potential error as regular Gas Chromatography:

The blood is taken by a human from your arm (possible error), then the blood is warmed in a vial until the liquid sample reaches "equilibrium" with the gas inside the vial (possible error).  Then a human removes a sample of the gas inside the vial (possible error). 

2.  The principle of measuring the GAS instead of the Blood itself is the same as in breath testing.  It relies on a scientific principle called "Henry's Law."  

Henry's Law states: 

1. In chemistry, Henry's law is one of the gas laws formulated by William Henry in 1803. It states: "At a constant temperature, the amount of a given gas that dissolves in a given type and volume of liquid is directly proportional to the partial pressure of that gas in equilibrium with that liquid."  (Wikipedia)

From the definition, you can see that temperature can affect the validity of any sample.  Also, if the sample has NOT reached "equilibrium" then the sample itself would be invalid.  

3.  There are additional chemicals added to the blood sample to "help along" any alcohol rising into the GAS portion of the vial.  These are called "salting agents."  Chemically, it is possible that these added chemicals could create a HIGHER CONCENTRATION OF ALCOHOL in any gas sample... called a false positive. 

IF YOU ARE CHARGED WITH DWAI Drugs or DWI and you 

gave a sample of your blood to police, call us:  

607-229-5184

Send me an email:  mike.ithacadwi@gmail.com

Copyright Cyr & Associates 2015

By Mike Cyr

www.ithacadwi.com

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Ithaca DWAI drug lawyer: How is BLOOD evidence Tested in New York? GAS CHROMATOGRAPHY

image courtesy of web.nnsu.edu

Testing Blood Evidence in New York:

Basics of GAS CHROMATOGRAPHY

for DWI and DWAI Drug Cases

As you can imagine, the process of testing a liquid and breaking down its molecular compounds is a very complicated one.  However, this page should help break down the absolute basics of how your BLOOD gets tested after a DWI or DWAI drug charge in any of the New York forensics laboratory.  

New Mexico State University has a terrific page set up covering the basics.

GAS CHROMATOGRAPHY:  a common type of analysis used by chemists to separate and analyze compounds that can be vaporized without decomposition.  (Wikipedia)

HOW DOES IT WORK?

1. Your Blood sample is broken down into multiple samples to be input into the machine  

2.  Your blood is heated in the main part of the machine so that it turns into vapor (gas)

3.  It takes different chemical compounds different amounts of time to change from the stationary phase (when it's liquid) to the mobile phase (when it's gas)

4.  The blood sample travels along a "column" that is very long (can be 15-60 meters) so that the various compounds inside your blood get separated

5.  The length of the column gives plenty of time and space for the various compounds inside the sample to be separated from one another [the goal is to achieve separation]

6.  Upon reaching the end of the column, the separated compounds exit and get read one by one and a computer creates a CHROMATOGRAM that is read by the chemist. 

Example of a Chromatogram, image courtesy of clinchem.org

PROBLEMS WITH BLOOD GAS CHROMATOGRAPHY


UNLIKE BREATH TESTING where only one person is tested at a time, blood gas chromatography usually involves many different defendants' samples are tested simultaneously. The chemist or forensic technician could be testing 100s of blood samples AT THE SAME TIME.  This creates a large margin for error.  It provides many opportunities for things to go wrong...It raises many questions for me as a DWAI drug or DWI defense attorney.

Was your sample labeled properly and separated from other defendants?  Was the machine working properly?  When was it last calibrated?  Was the mobile phase gas working?  Was it heated right?  Did the chemist properly extract your blood from the vacuum container?  Could somebody else's blood contaminate the column before your sample is read?  Did the compounds actually separate at the end of the column? Did any compounds come out repeatedly?  

As you can see, there are a million ways this process can go wrong.  That is why it is so critical to be able to understand and read the chromatogram itself.  The chromatogram can show us if there was contamination, if the samples were properly separated, and if problems exist.  You just need to understand how to read it.  You also need to understand what a proper chromatogram looks like versus one that has problems on it.  It is such a specialized scientific process that it is important to have a DWI or DWAI drug defense attorney who understands the science and handles these sort of cases on a regular basis.

Do you have questions about a DWAI drug case or DWI case where your blood was taken?

Call us:  607-229-5184

E:  mike.ithacadwi@gmail.com

By Attorney Mike Cyr

www.ithacadwi.com

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COPYRIGHT CYR & ASSOCIATES 2015

Ithaca Criminal Lawyer: Boating While Intoxicated or DWI on the water!

Jaws is my all-time favorite movie.  (image courtesy of borg.com)

BOATING WHILE INTOXICATED

(BWI) in New York

Yes, there is such a thing as BWI -- or DWI on the water!  Boating is a very popular past time in Ithaca, New York and in the Finger Lakes region and drinking on a boat is very common during the spring, summer, and fall.  

BWI is similar to a DWI charge but there are many differences.  This page is designed to help answer some of your questions with respect to BWI in New York.  We defend BWI cases every year as part of our practice.

NY BWIs fall under Navigation Law section 49-a. 

1. Similar to DWI and DWAI (alcohol) there are a BWI (misdemeanor) and a BWAI (violation). BWI is a criminal charge that could lead to a permanent lifetime criminal record.

2. The legal standard (definition) for BWI (intoxication) and BWAI (impairment) for water operation of a craft are comparable to operation of a car or motorcycle on land. They both relate to a person's mental and physical abilities to operate a boat in a reasonably prudent fashion.

3. You are only in danger of losing (suspension) your license to operate a BOAT not your car. The boating suspensions are 6 months and up for the BWAI (violation level), and one year for the BWI (misdemeanor).

4. There are specific boating safety classes required with both BWAI and BWI.

5. The classes have to be either state sanctioned, US Coast Guard, or US Power Squadron safety classes.

6. There is a "contribution" (around $200) to the "I Love New York" Safe Boating Fund.

7. The fines range from $350- $500 for a BWAI, and $500- $1,000 for a BWI.

8. The BWI and BWAI will be reported on your New York DMV driving abstract, so your auto rates will eventually be affected by your boating charges. If you are from out of state it is likely that this will also go on your state's DMV record because NY has an interstate compact with many adjoining states and the National Driver Registry is a federal database that every DMV in the country can access.

9. The BWI is a criminal charge and will affect your entry into Canada in the future.

10.The BWAI violation is also going to affect your ability to enter Canada because it is an alcohol-related offense.

11. If you refuse the Breath Test back at the station (not to be confused with the preliminary breath test on the roadside) you will face many of the same consequences, i.e. increased boating license loss, additional fines, as a DWI test refusal.

12. The BWI has a 0.08% BAC (breath alcohol concentration) standard, same as a DWI. 

13. There will be additional NY state surcharges of around $240 for a BWAI, and $400 for a BWI.

14. There are two types of BWI, a BWI "per se" offense based only upon your BAC (0.08% or more) and a BWI "common law" based upon the officer's observations, field sobriety testing, and other evidence of intoxication. Same as DWI.

15. Since NY state has no expungement statute a BWI (misdemeanor) will remain on your permanent criminal record forever.

16. BWIs are defended much the same way as DWIs. The state (the prosecutor) still has the burden of proving you were intoxicated at the time of operation. The breath machine can be challenged for accuracy, validity, and reliability. The officer's tests can be shown to be administered improperly or scored with bias.

*As of now, You will not lose your privileges to DRIVE A CAR with a BWI.  However, there is legislation in the NY Senate called "Tiffany's Law" that has been pending for many years.  If passed, it would possibly link BWI with DWI type penalties, including loss of car driving privileges. It is worth consulting with a BWI attorney if charged to make sure this remains the case as time wears on.

If you have questions about a Boating While Intoxicated

charge in New York, you can call our office at:

(607) 229-5184. 

email:  mike.ithacadwi@gmail.com

 

BY ATTORNEYS MIKE CYR and LARRY NEWMAN

COPYRIGHT CYR & ASSOCIATES 2015

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Ithaca Cortland DWI lawyer: the BIG TEN reasons for a New York State License Suspension

The BIG TEN reasons for a NYS License Suspension:

(the following is an excerpt from our ebook, "Everything You Need to Know About a NEW YORK DWI and YOUR DRIVER'S LICENSE," by Attorneys Mike Cyr and Larry Newman, copyright Cyr & Associates 2015. 

 Unpaid child support can get your driver's license suspended;

 Unpaid tickets, Court fines, and/or DMV surcharges can get your driver's
license suspended;

 Three speeding tickets within 18 months can get your driver's license
suspended;

 11 points from various traffic violations within 18 months can get your
driver's license suspended;

 Driving without insurance can get your license revoked for a year;

 Physical (medically related) illness and/or psychological illness can get
your license suspended;

 Using a false driver's license (altered or unlawful use) to obtain alcohol
(under 21) can get your license suspended;

 Leaving the scene of an accident with injuries can get your license
suspended;

 Being charged with a DWI can get your license suspended;

 Refusing to take a police-requested blood and/or breath test can get your
license suspended.

NOTE: License Suspension and License Revocation are different. Suspensions
are generally shorter, easier to terminate, and the underlying privileges to drive
still exist. Revocation means cancellation of privileges. It may require classes,
high fines, longer time periods, re-testing (written and/or road and/or medical),
completion of rehabilitation and/or treatment for the license to be reinstated
(reissued).

What should you do after you get suspended?

Get a copy of your NYS DMV abstract, currently $10.00. Even out-of state
license holders can get a copy of their NYS record (to see any action pending)
based upon an address and DOB (date of birth). These out-of-state license
holders may have even been assigned a nine-digit NYS driver ID because of
previous infractions (violations).

A second way to discover what is amiss is to contact the NYS DMV Driver
Improvement Unit in Albany, NY. Local DMV records generally go back 10 years,
but Albany has your lifetime driving history. You may have issues that go back
15 or 20 years that require correction.

Driving is not a luxury for some people, it is a necessity. It is even possible to get
some type of license (privilege) while you are in a state of suspension or
revocation.

Now that you know why your privileges were suspended or
revoked, you have to ask three questions:

First question, are you even "eligible" for a special license (restricted or
conditional)?

If the suspension is for monies due, then NO, they must be paid first.

NOTE: Some courts will not even let you pay the suspension lift fee (currently
$70.00) UNTIL all the underlying tickets (citations/violations) are completely
resolved (disposed of).

If the suspension is for speeding tickets and/or too many points, then YES.

If the suspension is for a DWI, then YES if you have not had a prior DWI within 5
years.

Second question,is the suspension from POINTS and/or SPEEDS or a
DWAI drug conviction?

You can apply for and receive a RESTRICTED license at the NYS DMV. It is a
pretty simple form. The restricted license is to drive ONLY for work, school, and
medical care during the time of your suspension. Suspension periods will vary,
from a low of 31 days to a high of one year, depending upon the underlying
reason for it.

Third question, is the suspension for a DWI alcohol or a DWAI alcohol?

The main word here is ALCOHOL, then you are probably eligible for a
CONDITIONAL driver's license. The conditional driver's license is ONLY for
alcohol-related offenses. It also gives the holder the ability to drive for treatment,
rehabilitation, education, and counseling (all relating to their sobriety), and for
work purposes (scope/course of employment), medical, and education.
The good news is that the DMV does not require PROOF of the job, school,
and/or medical locations. The bad news is if you lie on their form (and attest by
signing to it's truthfulness) you are guilty of a crime. Not a good idea to lie on any
DMV applications to obtain privileges you are not legally (administratively)
entitled to.

*There's our best explanation of the two main types of special licenses in NYS.

There is another new type of restricted license for those with multiple DWIs, a
long term history of violations, multiple accidents, and many points, BUT that is a
story for a different day. That type of restricted license would come with an
Ignition Interlock device requirement for a great many years.

Why Do You Have an INDEFINITE period of License Revocation?

We have seen privileges to drive withheld "indefinitely" after DWIs, reckless
driving charges, vehicular assaults, after our client was found guilty of both DWIs
after a trial, and after medical suspensions. The reasons to deny a license or
reinstate one are endless. Usually it is based upon a combination of factors, a set
of circumstances, and/or a history.

Of the situations of indefinite periods of license revocation that occur we
usually encounter one of two things:

Negative Units or History of Alcohol/Substance Abuse.

Note: We are not getting into the multiple DWI reason for withholding a license as
that is usually a given (easily explainable, understandable, and defined in law).

What are Negative Units?

The NYS DMV has a special system in place that is largely unknown by most
attorneys and lay people. Under 15 NYCRR § 136.6, DWs, some traffic offenses,
and accidents are not assigned the traditional "points" against your license
instead they are assigned just "negative units" by the DMV. Any offense that
results in a suspension or revocation of privileges will likely have negative units
and NOT points.

Easy Formula: More Units = Less Safety = No License

15 NYCRR § 136.6 is a "safety factor" section of NYS law that specifically
assigns "negative units" to different offenses/accidents/DWs. This is part of the
record that the DMV Commissioner looks at if they are considering giving you
back your license to drive. Things like reckless and speeding get assigned points
and negative units. So a double whammy of trouble. Everything "bad"
driving/behavior related can cause an uptick on your safety factors. In this
instance, more is not good, but bad with a capital B.

The Surprise

People are often confused after completing all the NYS programs that they are
denied reinstatement of their license/privilege. It is likely that you have too many
negative units (more than 25 pursuant to Under 15 NYCRR § 136.4(a)(3).

If you are revoked for a DWI, for example, maybe 2 DWs in the same event, and
you have other driving offenses when the revocation period ends, then you apply
for your license back. The DMV doesn't give you back your license because you
have too many negative units. The six month/one year revocation or the ability to
get your license back after taking the DDP never happens.

Do You Have a Drug/Alcohol History?

The second major reason not to reinstate privileges is if they classify you as a
person with a history of Alcohol/Substance Abuse. The NY DMV also states that
any driving record (abstract) with 2 or more "alcohol" related charges (could be a
DWAI or DWI) within 10 years and boom, you now have a history of alcohol
abuse. This is further defined in Part 136.1 (b) (3) of the Regulation of the
Commissioner of Motor Vehicles.

Getting it (Your License/Privilege) Back After Being Classified

So to get your driver's license back after having 2 incidents within this 10 year
time frame you MUST fill out and file DMV form DS-449, and submit evidence of
either rehab (following an OASAS evaluation and follow up recommendations)
OR a clean bill of health (i.e. after a drug / alcohol eval =no further treatment is
necessary). Form DS- 449 is called "Alcohol Abuse Rehab. Program Summary."

*If you need more information about a New York DWI and Your License--read our free ebook linked at top of this post. 

Call us with questions:  607-229-5184

Send me an email: mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi OR @ithacadwi

COPYRIGHT CYR & ASSOCIATES 2015

By Mike Cyr

Ithaca Auburn DWI Lawyer: Ignition Interlock Device and Getting your FULL license Back after DWI in NY

IID and Getting Full Restoration of 

Your License Privileges

(This an excerpt from our ebook "Everything You Need to Know about a NEW YORK DWI and YOUR LICENSE," by Attorneys Mike Cyr and Larry Newman)

DMV DWI "A4" License Restriction= 

NO driving without an IID

Effective November 1, 2013 all court-ordered ignition interlocks for DWI cases
will now be classified as a license restriction A4 by the DMV. This is regardless
of whether the case is resolved with a CD (conditional discharge) or a term of
Probation monitoring and supervision (two or three year term).

Getting Fully Re-licensed Requires Removing the A4 Restriction

This will require one of two things for removal. This is not removal of the IID from
the car, this is about removal of the requirement from the physical driver's
license and DMV record. You see, every license with this A4 requirement will be
marked on the back of the license with an "A4" for law enforcement. For the
DMV to remove the A4 restriction, you will need a Court document indicating
removal of the IID or a probation release of license document.

*NOTE: This document will need to be brought to the DMV to get FULLY relicensed.

Court Ordered Ignition Interlocks by the Numbers:

-Court ordered for 12 months on every DWI

-Minimum time period of 6 months of placement with NO violations noted

-Some counties only note violations above .02 BAC

-One time .05 BAC or more is an automatic violation

-Court can be petitioned after 6 months for early release of IID

-Monitored by the County of Arrest (Conditional Discharge) or County of
Probation (Probation)

-Violations can result in a VTL 1198 (9)(d), a misdemeanor
called "Circumvention of the use of the interlock device" punishable by up to a
year in jail and/or probation and/or fines and/or increased time with the IID
installed

-Violations can also result in Violation of your original Conditional Discharge

-Violations can result in resentencing on plead to offense (jail and/or probation)

-Violations can also result in Violation of Probation (typically 6 months of jail)

-Ignition Interlock will be displayed on YOUR DMV record (and back of your
driver's license)

-A4 will appear on front of your driver's license as R:A4 (restriction A4)

(if you want to know more, check out the full ebook at the link above)

COPYRIGHT CYR & ASSOCIATES 2015

Questions?  Call us:  607-229-5184

Send me an email:  mike.ithacadwi@gmail.com

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BY MIKE CYR