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| 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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