Renting Vehicle Without Ignition Interlock (VTL 1198(7)(b)) – NY Traffic Ticket & DWI Defense Lawyer

The Benjamin Goldman Law Office provides legal representation for motorists and businesses facing charges under VTL 1198(7)(b), which prohibits knowingly renting a vehicle without an ignition interlock device when required. This law was enacted to ensure that drivers with prior alcohol-related offenses do not attempt to find loop holes for ignition interlock requirements. A conviction under this statute is considered a serious misdemeanor and can result in fines, jail time, and lasting consequences. Our law firm focuses on traffic and vehicle-related violations across New York State, including ignition interlock offenses under VTL 1198.

The Benjamin Goldman Law Office is available to assist motorists charged with violations of VTL 1198(7)(b) anywhere in New York State. No matter where your case arises, our attorneys can review the circumstances, explain the potential penalties, and outline possible defenses. For example, in Western New York, we've represented motorists in the town of Alden. In the Capital Region, our firm has regularly handles cases in Albany City. In New York City, we've provided legal help for motorists across all boroughs. On Long Island, we've assisted drivers in Atlantic Beach. In Rockland County, we are available to defend motorists in Airmont. Wherever you are located in New York, consultations with our office are always free.

VTL § 1198(7)(b) – Renting a Vehicle Without Ignition Interlock

If you are charged under VTL 1198(7)(b), prosecutors will allege that you knowingly rented a vehicle without an ignition interlock device when one was required. This statute is designed to prevent drivers with prior alcohol-related offenses from avoiding ignition interlock restrictions. A violation is classified as a misdemeanor and can lead to significant penalties, including fines, jail time, and a permanent criminal record. Courts across New York take these cases seriously, and a conviction can have lasting personal and professional consequences.

• Fine: Up to $300 (first offense); up to $525 (second offense within 18 months); up to $1,125 (third offense within 18 months)
• Surcharge: $88 (other courts) or $93 (town/village courts)
• License: No points, but conviction results in a criminal record
• Possible Jail: Up to 30 days (first offense); up to 90 days (second offense); up to 180 days (third offense)

Some motorists may assume that renting a vehicle without an ignition interlock is a minor technical violation compared to a standard DWI. However, prosecutors and courts treat charges under VTL 1198(7)(b) with the same seriousness as other alcohol-related offenses. Beyond fines and potential jail time, a conviction creates a permanent criminal record that can affect employment and professional licensing. Because of these long-term consequences, it is crucial to consult with an experienced attorney before making any decisions about your case.

Statute

The exact wording of the relevant sub-statute is:

§ 1198. Installation and operation of ignition interlock devices.

7. Use of other vehicles. (b) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted to vehicles equipped with an ignition interlock device unless the vehicle is so equipped. Any person whose driving privilege is so restricted shall notify any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction.

How to Fight a VTL § 1198(7)(b) Charge in New York

Being accused of knowingly renting a vehicle without an ignition interlock device is a serious matter, but defendants should understand they have the right to contest the charge. Entering a Not Guilty plea compels the prosecution to prove its case beyond a reasonable doubt. This allows the court to examine whether the facts truly establish that the rental occurred in violation of the law.

There are often factual and legal issues that can be raised in defense. For example, prosecutors must prove that the defendant knew the driver was subject to an ignition interlock restriction. The circumstances of the rental agreement, whether proper notice was given, and whether the vehicle in question was actually equipped with an interlock device can all influence the outcome. These factors may create opportunities to negotiate a reduction in charges or even dismissal.

An experienced traffic defense attorney can provide critical guidance when facing a charge under VTL § 1198(7)(b). Legal counsel can review the rental paperwork, challenge the prosecution’s evidence regarding knowledge or intent, and identify possible defenses. In many cases, an attorney can also negotiate with prosecutors to minimize penalties and protect your record on your behalf.

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