NY Traffic Points and Penalties

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§ 1198(9)

Ignition Interlock - Circumventing, Operating Without, Etc.

§ 1198(9)

(a) No person whose driving privilege is restricted pursuant to Art. 31 - Alcohol and Drug-Related Offenses or the penal law shall request, solicit or allow any other person to blow into an ignition interlock device, or to start a motor vehicle equipped with the device, for the purpose of providing the person so restricted with an operable motor vehicle.

(b) No person shall blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is so restricted.

(c) No person shall tamper with or circumvent an otherwise operable ignition interlock device.

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

(e) In addition to any other provisions of law, any person convicted of a violation of § 1198(9)(a), (b), (c), or (d) shall be guilty of a Class A misdemeanor.

(1)(c) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for an offense or a traffic infraction under the VTL, there shall be levied a crime victim assistance fee in the amount of $5 and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of $55.

(9) Notwithstanding the provisions of § 1809(1), in the event a proceeding is in a town or village court, the court shall add an additional $5 to the surcharges imposed by § 1809(1).

Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of New York result in a conviction for an offense or for a traffic infraction under the VTL, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of $28.

All traffic violations shall be assigned a point value of two points, except as otherwise prescribed in § 15 NYCRR 131.3(b).

Last verified: 2018-03-31