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www.ithacadwi.com On August 10, 2010 New York State law mandates the placement and monitor of an ignition interlock device in any vehicle you own and operate for all first time DWI offenses. The Ignition Interlock Device comes in three different varieties: Type 1: basic, Type 2: basic plus camera, and Type 3: camera and audio capture. Each county “monitor” decides the device type. NOTE: Only DWAI (driving while ability impaired), a traffic violation, and DWAI drug convictions do not mandate implementation of an IID. Tolearn more about how DWI and other criminal cases work in the state of New York, I encourage you to explore my educational materials at my blog and website: www.ithacadwi.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call.

www.ithacadwi.com In New York, violations, such as disorderly conduct and traffic offenses, are not considered “criminal” convictions, and most (with the exceptions of specific violation-level convictions for loitering or VTL 1192 (1) DWAI (driving while ability impaired) ) may be sealed at the state level. Records relating to the original arrest (fingerprints, arrest photos, etc.) are sealed and destroyed, and the conviction will not appear on a DCJS rap sheet. Sealing a record under 160.50 will prevent the public from having access or seeing the records, court entries, and other information related to the case. The record may still be made available to some entities, such as courts and law enforcement. While fingerprints and mug shots (photographs) must be either returned or destroyed (absent the applicability of an exception), the “official records and papers” concerning the case are merely sealed. The sealing is secure, in that the statute specifically states that the records “shall be sealed and not made available to any person or public or private agency.” See CPL 160.55(c). I am a member of theNational College of DUI Defense and an author in Strategies for Defending DWI Cases in New York, 2011 ed.: Leading Lawyers on Understanding Today’s DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition west.thomson.com To learn more about how DWI, traffic violations, and other criminal cases work in the state of New York, I …

www.ithacadwi.com Unfortunately under New York State law any criminal conviction will stay on your permanent record forever. New York State does not have an expungement statute. Many first time offenders just made a bad decision and judgement call. Depending upon the facts and circumstances of the charges, for first timers (to the Court system) these types of charges can be potentially negotiated to a non-criminal disposition or a dismissal. To learn more about how DWI cases work in the state of New York, I encourage you to explore my educational website www.ithacadwi.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call. Criminal Defense Attorney Larry Newman