Statewide
Interlock Systems Inc.
1-888-STOP-DUI
Serving all of the northeastern U.S.
New York - Connecticut - Vermont - Massachusetts - New Jersey
New York State law and regulations
Leandra’s Law - Mandatory Ignition Interlocks
Leandra’s Law is best known for the
substantive charge of DWI while driving with a child passenger 15
years old or younger. This became effective on December 18, 2009.
This law also contains some
progressive sentencing provisions requiring the installation and use
of an ignition interlock. Most striking are the provisions which
take effect on August 15, 2010.
Mandatory Ignition Interlock.
A conviction for any misdemeanor or felony DWI under VTL
sections 1192(2),(2-a) or (3), or a conviction for any Penal Law
charge that has a violation of those VTL §1192 sections as an
essential element, requires a mandatory sentence:
1) To install an ignition interlock
device on any car owned by the defendant for at least 6 months;
2) Prohibiting the defendant from
operating any vehicle without an ignition interlock device (VTL
1198(9)(d)); and
·
VTL §1198(9)(a)
[Class A Misdemeanor]:
No person whose driving privilege is restricted
to operate a motor vehicle
only with an ignition interlock device pursuant
to the Vehicle and Traffic Law or the Penal Law shall
request, solicit, or allow any other person to blow into an ignition
interlock device , or to start a motor vehicle equipped with the
device, for the purpose of providing the person so restricted with
an operable motor vehicle.
·
VTL §1198(9)(b)
[Class A Misdemeanor]:
No person shall blow into an ignition interlock device or
start a motor vehicle equipped with the device
for the purpose of providing an operable motor vehicle to a
person whose driving privilege is so restricted.
·
VTL §1198(9)(c)
[Class A Misdemeanor]:
No person shall tamper with or circumvent an otherwise
operable ignition interlock device.
·
VTL §1198(9)(d)
[Class A Misdemeanor]:
No person subject to a court ordered ignition interlock
device shall operate a motor vehicle without such a device.
Other Sanctions:
·
A defendant must provide proof of compliance with the ignition
interlock requirement or be subject to the revocation, modification,
or termination of the defendant’s sentence of probation or
conditional discharge.
The defendant may be re-sentenced as provided by law. [VTL
§1198(4)(a)]
·
Failure to install or maintain an ignition interlock may result in
the revocation of the defendant’s post-revocation conditional
license. [VTL §1198(3)(c)]
For more information about ignition interlocks please email us at info@statewideinterlock.com
or visit our contact us link at the top of this page.
Contact Us
Phone: (518) 205-0100
Fax: (518) 205-0101
1-888-STOP-DUI
