Charged with Circumvention of Interlock?

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When it comes to Circumvention of Interlock – don’t risk your family, your license, your job, or your financial future. Our Attorneys have the experience to defend you and fight your Circumvention of Interlock charge. Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.

Defending Circumvention of Interlock Charges in New York State: Strategies and Considerations
In New York State, Circumvention of Interlock charges are governed by Vehicle and Traffic Law (VTL) Section 1198(9). This section makes it a Class A misdemeanor to:
  • Request, solicit, or allow any other person to blow into an ignition interlock device or start a vehicle equipped with the device, in order to allow the restricted person to drive the vehicle.
  • Blow into an ignition interlock device or start a car with such a device, so that a restricted person can drive the vehicle.
  • Tamper with or otherwise circumvent an ignition interlock device.
  • Operate a motor vehicle without an ignition interlock device, if required by court order.

An ignition interlock device is a device that is installed in a motor vehicle and prevents the vehicle from starting unless the driver provides a breath sample that is below a certain blood alcohol content (BAC). Ignition interlock devices are often required for people who have been convicted of driving under the influence of alcohol or drugs (DUI).

To convict someone of Circumvention of Interlock charges, the prosecution must prove beyond a reasonable doubt that the defendant:

  • Was required by law to have an ignition interlock device installed in their vehicle.
  • Knew that the ignition interlock device was required.
  • Intentionally circumvented the ignition interlock device.

Circumvention of Interlock charges are a serious offense, and a conviction can result in a fine of up to $1,000 and/or imprisonment for up to one year. Additionally, a conviction for Circumvention of Interlock charges may result in the revocation of the defendant’s driver’s license.

Penalties for a Circumvention of Interlock Charge in New York State

The penalties for Circumvention of Interlock charges in New York State vary depending on the circumstances of the case. However, a conviction for Circumvention of Interlock is always a Class A misdemeanor. This means that the maximum penalties are:

  • A fine of up to $1,000
  • Imprisonment for up to one year
  • Revocation of your driver’s license

In addition to these penalties, a conviction for Circumvention of Interlock may also result in the following:

  • Increased insurance rates
  • Difficulty finding employment
  • Negative impact on your reputation

It is important to note that the judge has discretion in sentencing you, and may impose a lesser sentence than the maximum. However, it is important to take these charges seriously, as a conviction can have a significant impact on your life.

Navigating Legal Options

Our legal team is well-versed in the nuanced laws of New York State, including its Circumvention of Interlock statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:

Negotiating Reductions: Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.

Challenging Evidence in Court: If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.

Protecting Driving Privileges: Circumvention of Interlock convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Conclusion

Facing a Circumvention of Interlock charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against Circumvention of Interlock charges, advocating for the best interests of our clients at every turn.

Frequently Asked Questions

Circumvention of Interlock is the act of intentionally bypassing or disabling an ignition interlock device. Ignition interlock devices are devices that prevent a vehicle from starting unless the driver provides a breath sample that is below a certain blood alcohol content (BAC). Ignition interlock devices are often required for people who have been convicted of driving under the influence of alcohol or drugs (DUI).

Circumvention of Interlock is a Class A misdemeanor in New York State. The maximum penalties for a Class A misdemeanor are a fine of up to $1,000 and/or imprisonment for up to one year. In addition to these penalties, a conviction for Circumvention of Interlock may also result in the revocation of your driver’s license.

There are many different ways that someone can circumvent an ignition interlock device. Some common methods include:

  • Asking or paying another person to blow into the device for you.
  • Using a fake breath sample tube.
  • Disabling the device altogether.
  • Driving a vehicle that does not have an ignition interlock device installed.

Ignition interlock devices are equipped with a variety of sensors and alarms that can detect if someone has tried to circumvent the device. For example, the device may have a sensor that can detect if the driver has used a fake breath sample tube. The device may also have an alarm that will go off if the driver tries to start the vehicle without blowing into the device.

If you are arrested for Circumvention of Interlock, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and develop a defense strategy.

Some of the defenses that can be used in a Circumvention of Interlock case include:

  • You did not intentionally circumvent the device.
  • You were not aware that you were required to have an ignition interlock device installed in your vehicle.
  • The ignition interlock device was not working properly.
  • You had a legitimate reason to circumvent the device, such as an emergency.

A conviction for Circumvention of Interlock can have a number of negative consequences, including:

  • A fine of up to $1,000
  • Imprisonment for up to one year
  • Revocation of your driver’s license
  • Increased insurance rates
  • Difficulty finding employment
  • Negative impact on your reputation

Yes, you may be able to get your driver’s license back after being convicted of Circumvention of Interlock. However, you will need to complete a period of suspension or revocation first. The length of the suspension or revocation will depend on the severity of your offense and your driving record.

The best way to avoid being charged with Circumvention of Interlock is to follow the terms of your ignition interlock device requirement. This means blowing into the device before starting your vehicle and not driving your vehicle if you have been drinking alcohol.

If you have questions about your ignition interlock device or the terms of your ignition interlock device requirement, you should contact the company that installed your device or the court that ordered you to have the device installed.

If you have any other questions, please contact us at info@dwiteam.com

Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Circumvention of Interlock in New York State.

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It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

Why work with the DWI TEAM?

DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished. The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly. The attorneys that represent the DWI TEAM have also fostered and developed a professional relationship with the judges, court staff, and prosecutors of each courthouse.

With a FREE consultation and our Best Price Promise – we are your unbeatable choice. We offer payment plans as low as $500 down and work closely with our clients to ensure you can afford quality representation. If we don’t believe we can help, we won’t take any money.

The attorneys with the DWI TEAM understand the stress involved in facing criminal charges. They particularly understand the complexities and complications of fighting a DWI case. For that reason, our attorneys are accessible to clients, answering their calls directly and promptly. Our staff provides moral and emotional support to clients at every stage of a DWI proceeding – from the inception of the case to post-conviction progress reports.

If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.

Contact us anytime 24/7/365 by calling (800) 570-1810 >

We are dedicated to reducing or dismissing your charges. Contact us today for a FREE case analysis.

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Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.
Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
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Clients speak for our work.
This team responded right away, came up with a plan and acted on it right away. Very reasonable and flexible with payment plans and very understanding with my situation if I was in a bind with finances. You can tell they actually want to help you. Highly recommend!
They are amazing people will answer all your questions and make you feel very comfortable about your situation. Andrew and his team was the best thing i could have asked for, and they are very nice and fast with communication. Overall great people!
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