New York Vehicle and Traffic Code § 1198

Installation and operation of ignition interlock devices
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* § 1198. Installation and operation of ignition interlock devices.\n1. Applicability. The provisions of this section shall apply throughout\nthe state to each person required or otherwise ordered by a court as a\ncondition of probation or conditional discharge to install and operate\nan ignition interlock device in any vehicle which he or she owns or\noperates.\n  2. Requirements. (a) In addition to any other penalties prescribed by\nlaw, the court shall require that any person who has been convicted of a\nviolation of subdivision two, two-a or three of section eleven hundred\nninety-two of this article, or any crime defined by this chapter or the\npenal law of which an alcohol-related violation of any provision of\nsection eleven hundred ninety-two of this article is an essential\nelement, to install and maintain, as a condition of probation or\nconditional discharge, a functioning ignition interlock device in\naccordance with the provisions of this section and, as applicable, in\naccordance with the provisions of subdivisions one and one-a of section\neleven hundred ninety-three of this article; provided, however, the\ncourt may not authorize the operation of a motor vehicle by any person\nwhose license or privilege to operate a motor vehicle has been revoked\nexcept as provided herein. For any such individual subject to a sentence\nof probation, installation and maintenance of such ignition interlock\ndevice shall be a condition of probation.\n  (b) Nothing contained in this section shall prohibit a court, upon\napplication by a probation department, from modifying the conditions of\nprobation of any person convicted of any violation set forth in\nparagraph (a) of this subdivision prior to the effective date of this\nsection, to require the installation and maintenance of a functioning\nignition interlock device, and such person shall thereafter be subject\nto the provisions of this section.\n  (c) Nothing contained in this section shall authorize a court to\nsentence any person to a period of probation or conditional discharge\nfor the purpose of subjecting such person to the provisions of this\nsection, unless such person would have otherwise been so eligible for a\nsentence of probation or conditional discharge.\n  3. Conditions. (a) Notwithstanding any other provision of law, the\ncommissioner may grant a post-revocation conditional license, as set\nforth in paragraph (b) of this subdivision, to a person who has been\nconvicted of a violation of subdivision two, two-a or three of section\neleven hundred ninety-two of this article and who has been sentenced to\na period of probation or conditional discharge, provided the person has\nsatisfied the minimum period of license revocation established by law\nand the commissioner has been notified that such person may operate only\na motor vehicle equipped with a functioning ignition interlock device.\nNo such request shall be made nor shall such a license be granted,\nhowever, if such person has been found by a court to have committed a\nviolation of section five hundred eleven of this chapter during the\nlicense revocation period or deemed by a court to have violated any\ncondition of probation or conditional discharge set forth by the court\nrelating to the operation of a motor vehicle or the consumption of\nalcohol. In exercising discretion relating to the issuance of a\npost-revocation conditional license pursuant to this subdivision, the\ncommissioner shall not deny such issuance based solely upon the number\nof convictions for violations of any subdivision of section eleven\nhundred ninety-two of this article committed by such person within the\nten years prior to application for such license. Upon the termination of\nthe period of probation or conditional discharge set by the court, the\nperson may apply to the commissioner for restoration of a license or\nprivilege to operate a motor vehicle in accordance with this chapter.\n  (b) Notwithstanding any inconsistent prov

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