Use of Vehicle Without Ignition Interlock (VTL § 1198-7(a)) – New York Traffic Defense Lawyer

The Benjamin Goldman Law Office provides legal representation for motorists charged under VTL § 1198-7(a), Use of Vehicle Without Ignition Interlock. This statute applies when a driver operates a vehicle that does not have a court-ordered ignition interlock device installed. An ignition interlock restriction is typically imposed following a DWI conviction. Driving without such a device can result in fines, surcharges, and even jail time, with penalties increasing for repeat offenses within eighteen months. Our firm focuses on defending motorists across New York State against ignition interlock violations, DWI charges, and other traffic-related offenses.

Our firm assists motorists charged with use of a vehicle without an ignition interlock under VTL § 1198-7(a) anywhere in New York State; for example, we represent drivers in Albion Town Court in Western New York, Albany County Court in the Capital Region, the Manhattan Traffic Violations Bureau in New York City, Asharoken Village Court on Long Island, and Afton Town Court in the Southern Tier. Wherever your case arises, our attorneys can review the charge, explain your legal options, and fight for the best possible outcome. Consultations are always free.

VTL § 1198-7(a) – Use of Vehicle Without Ignition Interlock

A charge under VTL § 1198-7(a) arises when a driver operates a vehicle that does not have a required ignition interlock device installed, despite being under a court order or DMV restriction to only drive interlock-equipped vehicles. This violation is considered a traffic-related offense and can result in fines, surcharges, and potential jail time. Penalties increase significantly for repeat offenses within an eighteen-month period.

• Fine: Up to $300 for a first offense; up to $525 for a second offense within 18 months; up to $1,125 for a third offense within 18 months
• Jail/Probation: Up to 30 days for a first offense; up to 90 days for a second offense; up to 180 days for a third offense
• Surcharges: $88 mandatory surcharge plus $93 crime victim assistance fee on every conviction
• Impact: A conviction creates a permanent criminal record and can complicate compliance with existing DWI probation or conditional license terms

Although a charge under New York Vehicle & Traffic Law § 1198-7(a) may seem like a minor violation, motorists should not dismiss it as insignificant. Operating a vehicle without a required ignition interlock device carries escalating fines, mandatory surcharges, and the possibility of jail time, especially for repeat offenses within eighteen months. In addition, a conviction can complicate compliance with probation, conditional licenses, or ongoing DWI requirements. It is strongly recommended that you consult with an experienced attorney before making any decisions about how to proceed with your case.

Statute

The exact wording of the relevant sub-statute is:

§ 1198. Installation and operation of ignition interlock devices.

7. Use of other vehicles. (a) Any requirement of this article or the penal law that a person operate a vehicle only if it is equipped with an ignition interlock device shall apply to every motor vehicle operated by that person including, but not limited to, vehicles that are leased, rented or loaned.

How to Fight an Ignition Interlock Violation in NY (VTL § 1198-7(a))

Being cited under New York’s ignition interlock statute (VTL § 1198-7(a)) may seem like a minor violation, but motorists should remember they still have the right to contest the charge. Entering a Not Guilty plea is not an admission of guilt or innocence, but a legal mechanism that requires the prosecution to prove the case in court. This can provide opportunities to challenge the evidence, the circumstances of the stop, or whether the statute was properly applied.

Key defenses to an ignition interlock violation may include challenging whether the driver was actually operating the vehicle, showing that the interlock restriction did not legally apply at the time of the stop, questioning whether the prosecution can prove the vehicle was not equipped with a functioning device, or arguing that the statute was misapplied. In some cases, demonstrating lack of knowledge or control over the vehicle may also be a viable defense.

An experienced DWI defense attorney can provide crucial guidance when facing allegations under VTL § 1198-7(a). Legal counsel can carefully review the circumstances of your case, determine whether the ignition interlock restriction was properly applied, and identify potential defenses. An attorney can also negotiate with prosecutors to pursue a reduction or dismissal of the charge where appropriate, helping you avoid the steep fines, surcharges, and possible jail time associated with a conviction.

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