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Installation And Operation Of Ignition Interlock Devices


Vehicle & Traffic Law 1198

Use of Other Vehicles 1198(7)(b)

 Under New York State law, no person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted to vehicles equipped with an ignition interlock device unless the vehicle is so equipped. A person knowingly rents, leases, or lends a motor vehicle which is not equipped with an ignition interlock device when that person is aware that he and she is doing so. If convicted this crime will result in a Class A Misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.

To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the date alleged the defendant knowingly rented, leased, or lent a motor vehicle which was not equipped with an ignition interlock device to another person; and (2) the defendant knew that the other person’s driving privileges were restricted to vehicle equipped with an ignition interlock device.

Circumvention of an Interlock Device 1198(9)(a)

Under New York State law, a person who is required by law to use an ignition interlock device to operate a motor vehicle shall not request, solicit, or allow any other person to blow in to an ignition interlock devise or to start a motor vehicle equipped with the device for the purpose of providing the restricted person with an operable motor vehicle. If convicted this crime will result in a Class A Misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.

To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) that on the date alleged the defendant’s driving privilege was restricted by law to operating a motor vehicle with an ignition interlock device; (2) that on the date alleged the defendant requested, solicited, or allowed another person to blow into an ignition interlock device, or to start a motor vehicle equipped with the device; and (3) that the defendant did so for the purpose of providing himself or herself with an operable motor vehicle.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

Circumvention of an Interlock Device 1198(9)(b)

 Under New York State law, no person shall blow into an ignition interlock device, or start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted by law to operating a motor vehicle with an ignition interlock device. If convicted this crime will result in a Class A Misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.

To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the date alleged the defendant blew into an ignition interlock device or started a motor vehicle equipped with the device; and (2) the defendant did so for the purpose of providing himself or herself with an operable motor vehicle.

Circumvention of an Interlock Device 1198(9)(c)

Under New York State law, no person shall tamper with or circumvent an otherwise operable ignition interlock device. If convicted this crime will result in a Class A Misdemeanor. To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt that on the date alleged the defendant tampered with or circumvented an otherwise operable ignition interlock device.

Circumvention of an Interlock Device 1198(9)(d)

Under New York State law, no person subject to a court ordered ignition interlock device shall operate a motor vehicle without such device. A person is subject to a court ordered ignition interlock device when he or she is required or otherwise ordered by a court as a condition of probation or conditional discharge to install and operate and ignition interlock device in any vehicle which he or she owns or operates. If convicted this crime will result in a Class A Misdemeanor.

A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running.

To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the date alleged the defendant operated a motor vehicle without an ignition interlock device; and (2) that the defendant did so while he or she was subject to a court ordered ignition interlock device.

For more information on Ignition Interlock Devices, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 500-3273 today.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

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