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Is the interlock device unconstitutional?

Topeka, KS |

I came across a link from NY State that covers how the interlock devices were unconstitutional. http://ezinearticles.com/?New-York-DW-Ignition-Interlock-Devices-Law-Unconstitutional&id=5914884

Is there any traction to that argument in Kansas?

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Attorney answers 2

Posted

It has been all over the news, the way the New York state courts have been applying the Ignition Interlock Device has been ruled unconstitutional since August 2010.

It rolled out the devices on first time offenders too fast and thus haphazardly infringed their rights under due process, equal protection, and overall fairness.

Whether that idea has any applicability to the interlock law you mention, we simply cannot tell online.

Posted

Kansas's statute has more procedural safegaurds than the New York law seems to have. It is not applied so haphazardly, nor on every vehicle. However the argument that the cost varies is interesting as well as the point that there is no exception for those unable to pay. This is important as an interlock can be required before reissuing a license, even if you do not own a car. I am not aware of Kansas litigation to this point which has rasied the issue.

Asker

Posted

What is the next step if one wanted to take this to the next level.

Patrick Michael Lewis

Patrick Michael Lewis

Posted

You will need to hire an attorney to file either a motion in the criminal case or a suit against the department of revenue. The New York case will not be controlling on any issue but could give support to the argument. It will likely be an expensive proposition as it is unlikely you will find a district court judge to grant the relief and will need to appeal to Topeka. It will also be a long haul. Appeals to the Kansas Court of Appeals are generally running nearly two years.

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