Circumventing the Ignition Interlock Devices: VTL 1198 Crimes & New York DWI Defense

I previously addressed New York’s Leandra’s Law as it relates to new offenses and crimes in the realm of Driving While Intoxicated (DWI / DUI) pursuant to New York Vehicle and Traffic Law section 1192. The two major changes to the law are that is now an automatic felony to perpetrate a DWI with a child fifteen years old or younger in the vehicle (VTL 1192.2-a(b) / 1192(2a)(b)) and if one is convicted of DWI one must install an ignition interlock device in one’s vehicle. Both of these laws have been addressed in earlier entries. Information can be found through the respective links.

This entry will address the new statutes and crimes established by the legislature in New York for those accused of disobeying the new ignition interlock device laws. Each of the following DWI crimes relating to the circumvention of an ignition interlock device in New York are “A” misdemeanors.

VTL 1198(9)(a): Asking, requesting or soliciting someone to blow into an ignition interlock device or to start a vehicle equipped with such a device so that the restricted person can operate the vehicle is crime. In other words, if you are required to have the ignition interlocking device in your vehicle it is a misdemeanor to get another person to blow into that device so you can drive.

VTL 1198(9)(b): It is a crime if you blow into an ignition interlock device or start a vehicle equipped with the device for the purpose of providing an operable vehicle to a person whose driving privilege has been restricted. VTL 1198(9)(c): Tampering with or circumventing an otherwise operable ignition interlock device is a crime.

VTL §1198(9)(d): No person subject to a court ordered ignition interlock device shall operate any other motor vehicle without such a device.

For extensive information on New York DWI / DUI crimes and laws, please follow the highlighted link. For additional information on other criminal statutes, legal decision and newsworthy cases, please go to Saland Law PC’s New York Criminal Lawyer Blog.

Representing the accused throughout the New York City region, the founding DWI criminal defense lawyers at Saland Law PC served as prosecutors under Robert Morgenthau in the Manhattan District Attorney’s Office prior to starting the firm.

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