The 2012 How and When of New York DWI Ignition Interlock Devices

Time flies! Looking back over 2011 and Leandra's law I am amazed once again that it has less to do with the law than with the Application of law. How laws are applied, how statutes are construed, in other words it's all about Interpretation. How are the Courts, the Judges, the DMV, and the powers that be going to "effectuate"... put into effect these new regulations.

The Death of Common Sense

You would think that common sense would prevail, sad to inform you that it doesn't. Many things don't make sense. Some laws and rules are not well thought out or thought through practically. The intent in back of them is good but as they say the road to hell is paved with good intentions.

It used to be that IIDs (ignition interlock devices) were spared but only for the repeat offender or someone on probation supervision. The Judges had discretion to their application. Many who truly needed to have these devices installed in their cars received them. In August 2010 that was all lost to Leandra's law, when ALL DWI convictions had to have a mandatory order for a minimum time of six months. Some Judges mandate 12 months.

NO CAR DWI

If someone got a NYS DWI while driving a rental car, a borrowed car, or totalled their car, WHAT If that someone does not have a car at time of sentencing?

1. There is still a Court Order for a device to be placed for a minimum time period.
2. That order will stand the test of time. (it is on your NYS DMV record)
So ANY time in the future that that person eventually gets a car they will need to install the IID.
3. If that person moves to another state or is from another state this still applies.
4. The county in which the NY DWI occurred will have to do the monitoring as well.

So regardless of where or when it is placed, the monitor of the county of conviction will need to be contacted. They will be given all the downloaded information every month when you return to the installer. The county monitor has the power to take off the device, and check that your obligation (Court Order) has been served.

Regardless of your driver's license issues this interlock issue will need to be dealt with as well. Word to the wise you can run but you can't hide. The piper will need to be paid. Avoidance is merely delay. Like a great many things this one is not going to go away on it's own.

Law Offices of Lawrence Newman
504 North Aurora Street
Ithaca, NY 14850
607-229-5184

http://www.ithacadwi.com

Ithaca Cortland DWI Lawyer: Leandra's Law (Ignition Interlock) Problems

As a DWI defense lawyer practicing in Ithaca and the surrounding counties I see a great many clients who eventually require an ignition interlock installed in their cars. Leandra's Law is not a maybe with a New York DWI, it is a must have.

What you (or your lawyer) don't know can hurt you.

IID BASICS or the Most Common FAQs

1. Is an IID a Must or a Should have?

The IID is not discretionary for NYS DWIs, it is Mandatory since August, 2010.
The Judges and the District Attorneys have no leeway or power here, if is a DWI (VTL 1192 (2), VTL 1192 (3), or ADWI (VTL 1192 (a) (a) then a device MUST be installed within 10 days of sentencing.
Bottom Line: There is NO plea bargaining concerning IIDs.

2. What If you don't have a car? Rented a car with your DWI or borrowed a car with your DWI.

You still must install this device on a car for a minimum of six months. Sometime and somewhere this requirement must be met. It will remain on your driving record until it is met.

I have had people have to borrow cars, buy cars, and lease cars to meet this requirement.

3. What if I live in another state?

It does not matter if you live in NYS or someplace else, you will have to get it installed. So if you live in PA, TX, or CA expect to hunt down an IID provider location, and then they will report back to the county monitor in NYS every 30 days. many of these IID providers have National Support. If you plan on moving (relocating) then plan on continuing monitoring as well. As long as the County Monitor is kept informed and updated it should not be a problem. The device must be downloaded at a physical location every 30 days.

4. Can I just wait out the time period without driving?

NO, sometime and somewhere this requirement must be met for you to be released by New York State.

Lawrence (Larry) Newman, D.C., J.D.

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com