VTL 1198-9 (c) “Tampering With an Interlock Device”
Vehicle & Traffic Law § 1198 (9)(c) simply states that no person shall tamper with or circumvent an otherwise operable ignition interlock device. Similar to the other subsections of this code (VTL 1198-9)(a) and (VTL 1198-9)(b), violating this section will result in the highest class of misdemeanor that New York State has.
The paragraph does not specify what qualifies as tampering or circumventing the device. Therefore motorists should assume that any kind of tampering or circumventing will fall under the statute. The most common method of circumvention is having another person blow into the device for you. This is a clear violation of the section and will grant the motorist an additional misdemeanor on top of VTL 1198-9 (a). For creative motorists, it also extends to the mechanical tinkering with their devices, or the purchase of illegal contraptions to deliver false readings to the device. These devices are known to police officers and will usually not evade detection. If you have purchased something off the internet you are opening yourself up to additional charges and possible felonies.
If you have found yourself with an interlock device on your car you should know not to take it further. You should expect to be prosecuted harshly for violating any of the VTL 1198-9 sections. The Court system sees it as willful noncompliance after what was already an arduous process. The standard ignition interlock device period is an uninterrupted stretch of five years. If you tamper or circumvent your device on the last day of this period, you will still feel the full force of the legal system. If you receive a citation for VTL 1198-9 (c), contact an experienced attorney today. Your situation can and will get worse without proper representation.
If you are charged with VTL 1198-(9)(c), the Benjamin Goldman Law Office may be able to help. We are a law firm whose primary area of practice is Traffic Law. Our team likes to be known for its zealous advocacy. The efforts of our attorneys are reflected in the many five-star reviews we received. The Benjamin Goldman Law Office can take on your case in Suffolk County, Nassau County, New York City, and the Hudson Valley region. You can get in touch with us at your convenience.