Long Island Ignition Interlock Device Attorney

The Law Offices of Luigi Vigliotti, P.C.

LAW OFFICES OF LUIGI VIGLIOTTI, P.C.

What Is An Ignition Interlock Device

An ignition interlock device (IID) is a mechanical device that is installed in a motor vehicle of anyone convicted of either a misdemeanor driving while intoxicated by alcohol or a felony driving while intoxicated by alcohol.  It is often referred to as a Breathalyzer for one’s car.

IID De-Installation & License Restriction Removal Requests:

All motorists who receive a conditional discharge for a DWI conviction are subject to the IID restrictions for a minimum period of 12 months.  Once you have completed the minimum period ordered by the sentencing Court, you can reach out to the agency authorized to provide you with the required de-installation and restriction removal forms.  You should not contact the sentencing court directly to request removal forms.

If you have completed the 12 month conditional discharge period, you should contact the court agency that monitored your installation and request documentation that you have satisfied your ignition interlock requirement.  You will need this to have the IID restriction removed from your license.

Can I Have The Ignition Interlock Device Removed Early?

In New York State, early removal of an ignition interlock device (IID) is possible under certain conditions, typically after maintaining the device for at least six months without violations. A WRITTEN MOTION WILL HAVE TO BE SUBMITTED TO THE COURTS IN NASSAU AND SUFFOLK COUNTIES.  Here’s how you can pursue early removal
Eligibility for Early Removal

You may request early removal if:

  • You’ve had the IID installed for a minimum of six months.
  • You’ve had no violations, such as failed breath tests, missed service appointments, or tampering incidents.  This needs to be confirmed by the monitoring agency.  
  • Your sentence allows for early removal (e.g., conditional discharge rather than probation).

Note: If the IID was mandated as part of a probation sentence, early removal might not be permitted.

Steps to Request Early Removal

 

  1. Contact Your Monitoring Authority: Reach out to your local STOP-DWI program or probation department. They will review your compliance and may petition the sentencing court for early removal.
  2. Submit Required Documentation: Complete any necessary forms, such as a De-Installation Request Form, and provide supporting documents like monitoring reports.
  3. Court Approval: If the court approves the early removal, they will issue an order authorizing the de-installation of the IID.
  4. Notify the DMV: Once the court’s order is processed, the monitoring authority will inform the New York State Department of Motor Vehicles (DMV) to remove the IID restriction from your license.

Important Considerations

  • Probation Cases: If you’re under probation, consult your probation officer before initiating the early removal process.
  • Unauthorized Removal: Removing the IID without proper authorization can lead to legal consequences and extension of the IID requirement.
  • DMV Procedures: The DMV no longer accepts written or faxed correspondence for IID removal. All communications must come electronically from the monitoring authority.

 Final Steps

After receiving court approval:

  • Schedule De-InstallationContact your IID service provider to remove the device.
  • Obtain a New LicenseVisit a DMV office to apply for a new driver’s license without the IID restriction. en.wikipedia.org+2da.ongov.net+2dmv.ny.gov+2

If you or a loved one is in need of legal assistance to remove an IID early, please contact us at 516-385-2940, 631-861-0000 or via email at LuigiVigliotti75@gmail.com.

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The Law Offices of Luigi Vigliotti, P.C., serves clients in courts on Long Island, New York City and upstate New York.

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Law Offices of Luigi Vigliotti, P.C., located in Garden City, New York, serves clients throughout Long Island and the surrounding area, including in Nassau County, Suffolk County, Queens County, New York City and Upstate.

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