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If I Is there a way not to install the ignition interlock device in my car?

West Islip, NY |

My NY license has been revoked for 6 months,the ignition interlock device shall be installed for 12 months,if I don't have and will not be driving any car for 6-12 months,will they still install IID after that time passes.I was sentenced to a conditional discharge for one year.Please help.Thank you.

Attorney Answers 4


It should not be installed after the 12 months. If you don't drive, it should not have to be installed.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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It will be installed as per the condition of your sentence.

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If you will NOT be driving for months 6 to 12, return your driver's license and ask to have a State ID issued instead. Then, there will be no claim that you should have had the ignition interlock device installed. After the 12 months, get your license re-issued. As you have worded your question, you should not have to have the interlock device installed in subsequent vehicles.

Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.

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As noted above, if the Court has ordered you to install the IID, you must do so on any vehicle you own or operate. If you do not own or operate a vehicle, this provision does not apply to you. If you own a vehicle, even if you will not be operating that vehicle, it must have the IID. You may, however, transfer ownership of that vehicle to another. But you may not operate that vehicle, or any other vehicular, that is not equipped with the IID during the period the Court has ordered. You should review all of these regulations with your attorney as quickly as possible. If you pled without an attorney, spend the money to sit down with an attorney experienced in DWI defense who can review these regulations with you. Operating a vehicle without an IID is a crime and can subject you to serious additional penalties.

Christopher I. Simser, Sr.
Anelli Xavier
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202

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