Help, caught with roach, now interlock required?

[pressure]

What is the name of your state? New York

I was caught with a roach in my ash tray december 2004. After going to court I received 20 days in jail and 3 years probation.

My license was suspended for 6 months, and I could not get a restricted one.

Now, next week, 6 months are up. I want to get my license back, DMV says I need a letter from probation...

I have been going to out patient rehab for 3 months. They claim all I need is a DS 449 form? and I can get my license back.

probation says I need to install an interlock device, but my conviction was DWAI DRUGS, not alcohol. the judge did this, but I am confused, if I was NOT convicted under alcohol , why do I need an interlock device?

 

[Some Random Guy]

You need it because the judge said so. If you don't like it then feel free to walk. And that's not a snide answer - the judge has all of the discretion here.

Drugs and alcohol often go together. The interlock is the best technology commonly available despite its limited usefulness.

Think of this as a test by the judge to determine if you can follow whatever inane and pointless rules are put in front of you so that you can earn the rewards you desire (its called being a functioning part of society).

 

[pressure]

You need it because the judge said so. If you don't like it then feel free to walk. And that's not a snide answer - the judge has all of the discretion here.

Drugs and alcohol often go together. The interlock is the best technology commonly available despite its limited usefulness.

Think of this as a test by the judge to determine if you can follow whatever inane and pointless rules are put in front of you so that you can earn the rewards you desire (its called being a functioning part of society).

yes, but DMV law states the penalties for DWI offenses, I checked here

http://nysdmv.com/dmanual/chapter09-manual.htm

The Ignition Interlock Program

A judge can order an ignition interlock device as a condition of a probation period that begins when an alcohol-related license revocation is complete. For any repeat offense within five years, a judge is required to order the system to be installed on each vehicle registered to the motorist during both the revocation period and any probation period that follows. The judge also must order an alcohol assessment for the repeat offender. If the assessment indicates the need for alcohol treatment, the judge can order completion of the treatment as a condition of probation.

This device, purchased and installed at the expense of the motorist, is connected to a motor vehicle ignition system and measures the alcohol content of the operator's breath. As a result, the vehicle cannot be started until the driver provides an acceptable sample breath. While using the interlock device, the motorist may be eligible to hold a conditional license. This license will be revoked it the motorist fails to comply with the court's terms, or for conviction of any traffic offense other than parking, stopping or standing.



and according to DMV, there is no penalty for DWAI drugs to have an interlock put on my car.

I do not know about NY state law, maybe someone can provide a link?

So I am being penalized for a crime I did not commit. I did not have any drinks during my arrest and even took the breath test which came back that I had no drinks....

The conviction came after state troopers made me piss in a cup, which came back with THC in it.

so why am I being penalized as a drunk driver, when my conviction is DWAI drugs?

the judge can not create her own law, she must follow the rules of the law, and sentence accordingly. I just dont understand how I can be punished for a crime that I did not commit.


the paper I signed which has the conditions states

ADDITIONAL CONDITIONS OF PROBATION PERTAINING TO ALCOHOL.

my conviction was NON alcohol related...

 

[Some Random Guy]

the paper I signed which has the conditions states

ADDITIONAL CONDITIONS OF PROBATION PERTAINING TO ALCOHOL.

my conviction was NON alcohol related...

Read it again - as part of your probation you have additional restrictions regarding alcohol. The paper does not say you were convicted of an alcohol-related offence.

As for whether the judge is allowed to do it, don't read the DMV help guide - read the law. http://www.tristatesmartstart.com/new_page_1.htm
make sure you get to section 2d and then read the statutes you were convicted under.

 

[pressure]

Read it again - as part of your probation you have additional restrictions regarding alcohol. The paper does not say you were convicted of an alcohol-related offence.

As for whether the judge is allowed to do it, don't read the DMV help guide - read the law. http://www.tristatesmartstart.com/new_page_1.htm
make sure you get to section 2d and then read the statutes you were convicted under.

ok, thanks for the link...


wondering now, how much does this cost? this interlock? I own my car, but its an a loan, will they notify my bank, and insurance company about this interlock?

I still feel as though I am being punished for a crime I did not commit.

also, where do I go to get my license. DMV says I need a paper from probation, probation says the drug rehab needs to fill out a DS 449 form.... I dont know?

 

[pressure]

well I just saw something that does make sense


http://dpca.state.ny.us/prob_faq.htm

12. I'm on probation for DWI why have I been directed to put an ignition interlock in my car and pay for it?

New York State law requires ignition interlocks to be installed at your expense in your car if you have been convicted of DWI for the second time within five years. You may be required to install the interlock on your car or the car that you have been driving even if it is owned by someone else. People who have been convicted more than once for DWI are more at risk for drinking and driving without a license. The ignition interlock is installed to protect the public.


this is my first DWAI, also non alcohol conviction...

 

[Zigner]

well I just saw something that does make sense


Probationer Frequently Asked Questions

12. I'm on probation for DWI why have I been directed to put an ignition interlock in my car and pay for it?

New York State law requires ignition interlocks to be installed at your expense in your car if you have been convicted of DWI for the second time within five years. You may be required to install the interlock on your car or the car that you have been driving even if it is owned by someone else. People who have been convicted more than once for DWI are more at risk for drinking and driving without a license. The ignition interlock is installed to protect the public.


this is my first DWAI, also non alcohol conviction...

Ok - let's drop the BS. The simple fact of the matter is that THE JUDGE ORDERED IT. Period.

 

[xylene]

This thread is old - but i will necro-bite.

You do not get 20 days in jail for a roach in New York!

 

[Zigner]

My apologies - it showed up as a "new post" - probably the result of a reported post.