New York DWI attorney Jason Bassett (https://jbassettlaw.com/vehicle-and-traffic-law-1198_7b-interlock-device-bypassed/) has provided an in-depth look at the serious legal implications of bypassing an ignition interlock device under New York Vehicle and Traffic Law § 1198(7)(b). This law prohibits individuals from knowingly renting, leasing, or lending a vehicle to a person with an interlock restriction unless the vehicle is equipped with the required device.

DWI convictions in New York often come with mandatory ignition interlock device requirements. These devices prevent drivers from operating a vehicle unless they pass a breathalyzer test. According to New York DWI attorney Jason Bassett, bypassing this requirement—whether by lending a vehicle without an ignition interlock device to a restricted driver or assisting in other forms of circumvention—can lead to criminal charges. The law is designed to close loopholes that allow DWI offenders to drive without restriction, ultimately prioritizing road safety.

Jason Bassett emphasizes that violations of this law carry significant penalties, including misdemeanor charges, fines, and even potential jail time. The New York DWI attorney explains that individuals accused of interlock bypass may not realize the severity of the offense until they face criminal charges. Jason Bassett states, “Many people think they are simply helping a friend or family member, but in reality, they could be charged with a crime that results in a criminal record, financial penalties, and even license consequences.”

New York Vehicle and Traffic Law § 1198(7)(b) is often referred to as the interlock device bypass law. It specifically prohibits individuals from providing a vehicle to someone they know is required to use an ignition interlock device unless that vehicle is properly equipped. This law is part of the broader framework established under Leandra’s Law, which enforces ignition interlock device requirements for DWI offenders.

Bypassing an ignition interlock device does not necessarily involve tampering with the device itself. It can include knowingly allowing a restricted driver to operate a vehicle without an ignition interlock device, even if the intent was not malicious. Jason Bassett clarifies that the law targets those who enable or facilitate the evasion of court-mandated restrictions. Bassett notes that even well-meaning actions, such as lending a car for a short errand, can have legal consequences.

Jason Bassett explains that bypassing an ignition interlock device can take several forms, all of which are considered criminal offenses. One common violation is lending a vehicle without an ignition interlock device. If a person knowingly allows a restricted driver to use a non-equipped vehicle, they can be charged under § 1198(7)(b). Another violation occurs when a restricted driver asks someone else to blow into the device on their behalf to start the vehicle. Tampering with an ignition interlock device is also a criminal offense, as any attempt to disable or interfere with the function of the device is prohibited by law.

To illustrate how easily someone can be charged, Jason Bassett describes a hypothetical example. If a person lends their car to a relative who has an ignition interlock device restriction, even for a short trip, they could face legal consequences if the driver is caught. The law does not require that the restricted driver be intoxicated at the time—simply bypassing the ignition interlock device requirement is enough to trigger a violation.

Being charged with an interlock device bypass does not guarantee a conviction. Jason Bassett explains that the prosecution must prove beyond a reasonable doubt that the defendant knowingly lent the vehicle to a restricted driver. One of the strongest defenses is a lack of knowledge. If the person lending the vehicle was not aware of the ignition interlock device requirement, they cannot be held legally responsible. For example, if a driver failed to disclose their ignition interlock device restriction, or if the lender had no reasonable way of knowing about the restriction, the charges may not hold up in court.

Other possible defenses include situations where no actual lending occurred. If the restricted driver took the car without permission, the owner may not be legally responsible. A mistake of fact may also serve as a defense. If the vehicle owner reasonably believed the car had an ignition interlock device installed, they may be able to argue against a knowing violation. In rare cases, a person may be able to justify lending a non-equipped vehicle if it was necessary to prevent immediate harm, such as in a medical emergency.

If convicted of an interlock device bypass, individuals may face serious penalties. Jason Bassett warns that violations are typically treated as misdemeanors, meaning a conviction could lead to a permanent criminal record. The potential consequences include jail time of up to one year, depending on how the court classifies the offense. Fines can range from several hundred dollars to $1,000, with additional court surcharges. A conviction may result in a driver’s license suspension or revocation, especially if the person has prior offenses. Courts may also impose probation, community service, or other penalties instead of jail time.

DWI-related offenses in New York are strictly enforced, and bypassing an ignition interlock device is no exception. Jason Bassett urges anyone facing these charges to seek legal representation immediately. Bassett explains that a conviction can have long-term consequences beyond just fines or jail time, as it may impact employment opportunities, insurance rates, and future legal matters.

About the Law Offices of Jason Bassett, P.C.:

The Law Offices of Jason Bassett, P.C. is a New York-based firm dedicated to defending individuals accused of DWI and related offenses. Attorney Jason Bassett can provide strategic legal representation to clients facing serious criminal charges, including ignition interlock violations. With a commitment to protecting clients’ rights and securing favorable outcomes, the firm can offer knowledgeable legal guidance for those tackling New York’s DWI laws.

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