Additions and Changes to the Ignition Interlock Device (IID) Law
As Driving While Intoxicated (DWI) lawyers it is necessary to know all the additions and changes to the New York State DWI laws and IID laws. Our DWI lawyers are based in Westchester County, White Plains, New York and regularly appear in all the courts in and outside Westchester County. As DWI lawyers we have handled countless DWI cases both as former prosecutors and now as DWI criminal defense attorneys.
Amendments to Aggravated Unlicensed Operation of a Motor vehicle (AUO) Law
Vehicle and Traffic Law (VTL) section 511(3)(a) has been amended to add subparagraph (iv) to make it a first degree aggravated unlicensed operation (AUO) of a motor vehicle to operate a motor vehicle while holding a conditional license issued pursuant to VTL 1195(7)(a) and while under the influence of alcohol or a drug under the New York State DWI laws.
Amendments to the Driving While Intoxicated Laws (VTL 1193(1)(b)(c))
The amendment includes that the IID shall apply to youthful offenders. The new law also extends the minimum IID period to 12 months, but allows the court to terminate the period earlier if the person provides proof that a device was installed and maintained for at least 6 months. Lastly, the law now provides that the IID period starts from the earlier of the date of sentencing or the date the device was installed in advance of sentencing.
DWI – Vehicle and Traffic Law 1198(4)(a)
This section of the DWI law has also been amended to provide that good cause for failure to install a device may include a finding that the defendant does not own a motor vehicle if the defendant states under oath that they do not own a motor vehicle and will not operate one during the IID period.
The Ignition Interlock Device (IID)
If an IID is required the courts will direct the defendant to meet with the local county Department of Probation to discuss installation of the device and any vehicles the defendant owns or operates. The defendant will be required to have the device installed on their vehicles, usually at their own expense, and report back to the court before formal sentencing that the device has been installed.
There are fees to have the device installed and maintained during the IID period. Failure to pay the required fees or maintain the device could result in a violation and a return appearance to the sentencing court.
The Conditional License
If a conditional license is issued by the New York State Department of Motor Vehicles the conditional license and the DMV records will indicate an endorsement for the IID. It is very important to have that endorsement removed once the IID period expires.
Serious DWI Charges
A DWI charge can result in a felony or misdemeanor charge and/or conviction. It is important to have the best DWI defense lawyer by your side to protect your liberty, license and insurance rates. The area of DWI law is becoming increasingly complex but the top DWI lawyers always follow changes in the law to help protect their client's rights.
At the law firm of Proto, Sachs & Brown, LLP our DWI lawyers always review the law and apply the law to our client's specific factual circumstances. We regularly represent clients in Westchester County and the surrounding areas.
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