How To Avoid An Ignition Interlock Installation In Rockland County
If the authorities have informed you that you must install an ignition interlock device in your vehicle, you may be intent on avoiding this at all costs. The devices are expensive to install, and they can interfere with your daily life. Can a Rockland County DWI lawyer help you prevent this from happening?
When Is an Ignition Interlock Device Necessary in New York?
In the State of New York, anyone convicted of a DWI must install an ignition interlock device. This mandatory penalty applies whether you have been charged with misdemeanor or felony DWI. Most sentences require you to maintain your ignition interlock device in your vehicle for at least 12 months.
If the authorities catch you driving without an ignition interlock device after this sentence, you face a Class A misdemeanor and up to one year in jail. You must also pay for the installation and maintenance fees. According to New York Courts, it costs $200 to install the device, plus an extra $100 for each month of your sentence.
Are There Any Loopholes That Allow Me to Avoid an Ignition Interlock in New York?
There are a few exceptions worth mentioning. The first is an employer exception that could allow you to continue driving without an ignition interlock device. As long as you need to drive a vehicle as part of your normal job and your boss is aware of your legal situation, you could get permission to continue driving your work vehicle normally. However, your boss needs to provide the court with written permission to drive the work vehicle.
Another obvious exception applies if you do not actually own a vehicle. If there is no vehicle available to put the device into, the court can’t really do much. However, you should know that the court defines “ownership” in a very broad manner. Even if you have access to a vehicle that you don’t necessarily “own,” you could still face an ignition interlock device requirement.
For example, you might share a car with your roommate. If your roommate owns the vehicle, you can’t borrow it unless you have an ignition interlock device installed in that vehicle. Note that there is no guarantee your roommate would agree to install the device, especially since it represents a major inconvenience. Even though your roommate has no DWI conviction, they would still be “treated” as such every time they try to start their vehicle.
Can a Rockland County DWI Lawyer Help Me?
If you’re serious about halting the installation of an ignition interlock device, a Rockland County DWI lawyer may be able to help. Once a judge has ordered you to install this device, there are few ways to avoid it. This highlights the importance of an effective legal defense as soon as you receive your charges. Contact Phillip J. Murphy, Attorney at Law to get started today.
Source:
nycourts.gov/help/criminal/ignition-interlock-device-iid