VTL 1198(9)(d) — Circumventing Ignition Interlock Inside of a Vehicle

The Benjamin Goldman Law Office provides legal representation for motorists charged under VTL 1198(9)(d), which applies when a driver is accused of circumventing or attempting to circumvent an ignition interlock device inside a vehicle. New York law treats this offense very seriously because it undermines court-ordered restrictions intended to prevent impaired driving. A conviction can lead to criminal penalties, including fines, surcharges, potential jail time, and lasting consequences for your driving record. Our firm defends motorists across New York State facing ignition interlock violations, including those prosecuted under VTL 1198(9)(d).

We are ready to help drivers fight VTL 1198(9)(d) charges anywhere in New York State. No matter where your case arises, our attorneys can review the allegations and talk to you about your legal options. We have represented cases all across New York and are eager to help you. For example, in the Buffalo Region we are ready to represent drivers in Alexander, in the Capital Region- Alexandria, in New York City- Brooklyn, on Long Island- Babylon, and in Upstate New York- Albion. Don't be afraid to reach out, consulations are always free!

VTL § 1198(9)(d) — Circumventing Ignition Interlock Inside of a Vehicle

Vehicle & Traffic Law § 1198(9)(d) broadly prohibits any attempt to circumvent or bypass an ignition interlock device. Circumvention can take many forms, such as installing a bypass switch, using tubing or pumps to fake a breath sample, purchasing illegal gadgets online, or tampering with the wiring to disable the unit. This subsection differs from § 1198(9)(a), which penalizes a motorist for asking another person to blow into the device; § 1198(9)(b), which penalizes the person who actually provides the false breath sample; and § 1198(9)(c), which targets tampering with the device itself. In practice, § 1198(9)(d) acts as a catch-all, covering any creative attempt to trick or disable the interlock system, regardless of whether another person is involved. Because the legislature views these actions as deliberate defiance of a court order, violations are prosecuted as Class A misdemeanors with fines, surcharges, and potential jail time.

• Fine: $0 to $300 (first offense); up to $525 for a second offense within 18 months; up to $1,125 for a third offense within 18 months
• Surcharge: $88 (other courts) or $93 (town/village courts)
• License: Possible suspension or revocation, especially for CDL holders
• Possible Jail: Up to 30 days (first offense); up to 90 days (second offense); up to 180 days (third offense)
• Additional Penalties: Creates a permanent criminal record, may trigger probation violations if interlock was court-ordered, and can jeopardize commercial driving employment

A charge under New York Vehicle & Traffic Law § 1198(9)(d) should not be underestimated. This statute targets circumventing or attempting to circumvent an ignition interlock device inside a vehicle, and the courts treat it as a deliberate violation of a court-ordered safety measure. Penalties escalate quickly for repeat offenses, with higher fines, longer potential jail terms, and additional surcharges. Beyond the courtroom, a conviction can create a permanent criminal record and cause lasting damage to employment prospects, especially for those who rely on a commercial driver’s license. Because the consequences extend well beyond the immediate penalties, it is critical to take this charge seriously and seek qualified legal guidance.

Statute

The exact wording of the relevant sub-statute is:

§ 1198. Installation and operation of ignition interlock devices.

9. Circumvention of interlock device. (d) No person subject to a court ordered ignition interlock device shall operate a motor vehicle without such device.

Understanding VTL § 1198(9-d)

Vehicle & Traffic Law § 1198(9)(d) broadly prohibits any attempt to circumvent or bypass an ignition interlock device. Circumvention can take many forms, such as installing a bypass switch, using tubing or pumps to fake a breath sample, purchasing illegal gadgets online, or tampering with the wiring to disable the unit. This subsection differs from § 1198(9)(a), which penalizes a motorist for asking another person to blow into the device; § 1198(9)(b), which penalizes the person who actually provides the false breath sample; and § 1198(9)(c), which targets tampering with the device itself. In practice, § 1198(9)(d) acts as a catch-all, covering any creative attempt to trick or disable the interlock system, regardless of whether another person is involved. Because the legislature views these actions as deliberate defiance of a court order, violations are prosecuted as Class A misdemeanors with fines, surcharges, and potential jail time.

How to Fight an Ignition Interlock Circumvention Charge in NY (VTL § 1198(9)(d))

Being charged with circumventing an ignition interlock device under New York’s Vehicle & Traffic Law § 1198(9)(d) is a serious matter, but motorists should remember they have the right to contest the charge. Entering a Not Guilty plea is not a claim of innocence or an admission of guilt; it is the legal mechanism that compels the prosecution to prove its case beyond a reasonable doubt. By exercising this right, the facts of the case, the functionality of the device, and the conduct of law enforcement can all be reviewed in court.

Because this offense alleges a deliberate attempt to bypass a court-ordered restriction, prosecutors and judges will approach the case with heightened seriousness. However, the legal process often leaves room for negotiation, and the outcome may depend heavily on the specific circumstances. Factors such as whether the device was malfunctioning, whether another person’s actions were wrongly attributed to the defendant, or whether law enforcement followed proper procedures can all influence whether charges are reduced, challenged, or dismissed.

An experienced defense attorney can provide essential guidance when facing charges under VTL § 1198(9)(d). Legal counsel can review the evidence, challenge assumptions about intent, and raise doubts about the reliability of the interlock system or the sufficiency of the state’s proof. An attorney can also negotiate with prosecutors to seek a reduction in charges or protect your driving privileges and record on your behalf.

Fight Your VTL § 1198(9) (d) Ticket CALL NOW FIGHT YOUR TICKET NOW