Home Forums New York Motorists Issues First fail on my IID (NY)

This topic contains 16 replies, has 10 voices, and was last updated by  wtf peeps 4 years, 5 months ago.

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  • #176589703

    Anonymous

    Hi I’m new here, I’m from NY (Rockland county). Thank god I found your site. Good info here!

    Here is my situation:

    I’ve had a lifesafer installed in my car since October of 2012, it has GPS and a camera on it too.
    I went to start work today at 3:pm and hopped in my car around 2:20pm to get to work. I turned the car on to get the device
    to warm up and I blew a “warn” but let me turn on my car. On my first roll test I blew a fail. I immediately
    paniced and thought what I did wrong to set this device off. I did use mouthwash before I left
    the house but i’m guessing I didn’t wait long enough before I blew.

    Anyway the device continuously asked for more tests. Every test (about 12-15 or so) came out a fail. Odd thing is once i got to work i got a “pass”.
    I immediatly called my probation officer and left her a message on her phone about what had happened. Then I called
    my lawyer and told him what happened. Once i had my first break at 5:00pm i ran back to my car
    and gave more breath samples which all passed. Then on my lunch at 7:00pm I did the same
    and got more passes.

    This my first fail violation since I had it. Never had a problem with it before.

    How does NY handle false positives?

    Am I in huge trouble?

  • #176591678

    Anonymous

    Those are a lot of false positives. I am surprised it did not lock you out.

  • #176597084

    Bliddy Boh
    Participant

    Those are a lot of false positives. I am surprised it did not lock you out.

  • #176591679

    Anonymous

    Yes, thank god it didn’t lock me out. The last passing test saved me.
    This morning I went to see my po and she told me its ok and that she believed me.
    She would not violate me.

    Crazy thing is my lawyer is extremely upset about this situation and told me the real
    problem is DMV. Once DMV finds out about my violation on the iid yesterday, they could recommend me a program or
    send the case back to the judge.

    Is this true or is he pulling strings for money?

  • #176597085

    iddnys
    Participant

    Yes, thank god it didn’t lock me out. The last passing test saved me.
    This morning I went to see my po and she told me its ok and that she believed me.
    She would not violate me.

    Crazy thing is my lawyer is extremely upset about this situation and told me the real
    problem is DMV. Once DMV finds out about my violation on the iid yesterday, they could recommend me a program or
    send the case back to the judge.

    Is this true or is he pulling strings for money?

  • #176591683

    Anonymous

    a lot of times the dmv(civil) portion can be extended for certain kinds of behavior or lockouts. I wouldn’t rule it out just yet. If after your report gets sent it and you dont get a letter of inquiry I would consider it ok.

  • #176597089

    Bliddy Boh
    Participant

    a lot of times the dmv(civil) portion can be extended for certain kinds of behavior or lockouts. I wouldn’t rule it out just yet. If after your report gets sent it and you dont get a letter of inquiry I would consider it ok.

  • #176591698

    Anonymous

    I would have not blown after getting a warn and waited. I got a viol a few days ago. Ever since I had been paranoid

    this was something major. Apparently it isn’t but it can lead to something major. I am massachusetts

    not in New York, but it’s probably the same. I mean the point of the device is to not be able to start the car if over .02.

    So every now and again due to alcohol / or certain foods, windshield wiper fluid will cause a fail.

    Here’s what I have from a lawyer in Massachusetts:

    In Massachusetts, the Registry of Motor Vehicles does not suspend for initial start violations. I’ve handled a few “cough medicine” cases where the cough medicine which contained alcohol resulted in rolling re-test violations. I’ve brought the bottle of cough medicine to the hearing and submitted a copy of the label as an exhibit. I was able to show that the alcohol readings were the result of “mouth alcohol” instead of alcohol in “deep lung air” which is indicative of alcohol in the bloodstream. You should document everything in the event that you get called in for an ignition interlock violation hearing.

    Attorney Brian E. Simoneau

    161 Worcester Road, Suite 200

    Framingham, MA 01701

    508-656-0057

    508-302-0212 (fax)

    [www.rmvlawyer.com]

    [hardshiplicenselawyer.com]

    E-mail: brian@simoneau.com

    But, here is what merits a ridiculously lengthy license suspension:

    PENALTIES FOR IID VIOLATIONS
    •If your IID goes into lockout more than once in a thirty day period for either failing an initial breath test or missing a rolling re-test, you may receive a 10-year license revocation.
    •If your IID goes into lockout due to a failed rolling re-test, or because the IID has been tampered with, you may receive a 10-year license revocation. You will be required to meet with an RMV hearings officer who will determine whether to revoke your license.
    •Two failed rolling re-tests will result in a lifetime license revocation.

  • #176597104

    wtf peeps
    Participant

    I would have not blown after getting a warn and waited. I got a viol a few days ago. Ever since I had been paranoid

    this was something major. Apparently it isn’t but it can lead to something major. I am massachusetts

    not in New York, but it’s probably the same. I mean the point of the device is to not be able to start the car if over .02.

    So every now and again due to alcohol / or certain foods, windshield wiper fluid will cause a fail.

    Here’s what I have from a lawyer in Massachusetts:

    In Massachusetts, the Registry of Motor Vehicles does not suspend for initial start violations. I’ve handled a few “cough medicine” cases where the cough medicine which contained alcohol resulted in rolling re-test violations. I’ve brought the bottle of cough medicine to the hearing and submitted a copy of the label as an exhibit. I was able to show that the alcohol readings were the result of “mouth alcohol” instead of alcohol in “deep lung air” which is indicative of alcohol in the bloodstream. You should document everything in the event that you get called in for an ignition interlock violation hearing.

    Attorney Brian E. Simoneau

    161 Worcester Road, Suite 200

    Framingham, MA 01701

    508-656-0057

    508-302-0212 (fax)

    [www.rmvlawyer.com]

    [hardshiplicenselawyer.com]

    E-mail: brian@simoneau.com

    But, here is what merits a ridiculously lengthy license suspension:

    PENALTIES FOR IID VIOLATIONS
    •If your IID goes into lockout more than once in a thirty day period for either failing an initial breath test or missing a rolling re-test, you may receive a 10-year license revocation.
    •If your IID goes into lockout due to a failed rolling re-test, or because the IID has been tampered with, you may receive a 10-year license revocation. You will be required to meet with an RMV hearings officer who will determine whether to revoke your license.
    •Two failed rolling re-tests will result in a lifetime license revocation.

  • #176591707

    Anonymous

    here are the only ways to get a violation:

    25.10 Ignition Interlock Violations (IID Violations) – An Ignition Interlock Violation consists of any of the following:

    (a) Any evidence of operating a motor vehicle without an Ignition Interlock Device;

    (b) Soliciting or allowing any other person to blow into an Ignition Interlock Device, or to start an IID-equipped vehicle for the purpose of providing the person so restricted with an operable motor vehicle;

    (c) Using any means other than blowing a breath directly from the operator’s mouth into the device, in order to supply an air sample to the device;

    8

    (d) An attempt to Tamper with or Circumvent the IID;

    (e) A Failed Rolling Re-test in which the operator’s BAC registered at or above .05;

    (f) Two Failed Rolling Re-tests within one Service Period in which the operator’s BAC registered between .02 and .05;

    (g) Two Lockouts due to Missed Rolling Re-tests;

    (h) Two missed Service Visits.

  • #176597113

    wtf peeps
    Participant

    here are the only ways to get a violation:

    25.10 Ignition Interlock Violations (IID Violations) – An Ignition Interlock Violation consists of any of the following:

    (a) Any evidence of operating a motor vehicle without an Ignition Interlock Device;

    (b) Soliciting or allowing any other person to blow into an Ignition Interlock Device, or to start an IID-equipped vehicle for the purpose of providing the person so restricted with an operable motor vehicle;

    (c) Using any means other than blowing a breath directly from the operator’s mouth into the device, in order to supply an air sample to the device;

    8

    (d) An attempt to Tamper with or Circumvent the IID;

    (e) A Failed Rolling Re-test in which the operator’s BAC registered at or above .05;

    (f) Two Failed Rolling Re-tests within one Service Period in which the operator’s BAC registered between .02 and .05;

    (g) Two Lockouts due to Missed Rolling Re-tests;

    (h) Two missed Service Visits.

  • #176591691

    Anonymous

    this device has taken over my life cant start it horn blowing car wont start abort abort had to go back for a reset twice in a month help help help

  • #176597097

    joseph dessoye
    Participant

    this device has taken over my life cant start it horn blowing car wont start abort abort had to go back for a reset twice in a month help help help

  • #176591771

    Anonymous

    These devices are very faulty.

    But you still have to play by the rules, to get through the program.

    1- Dont use mouthwash at all

    2- Never eat or drink anything in your car other than water. Keep water bottles in your car.

    3- If you ever get a Warn, stop the car. Don’t drive. The Rolling Fails are worse than the Starting Warns. Swish with water and drink water, to remove any food residues that are giving false positives.

  • #176597177

    Wanttosucceed
    Participant

    These devices are very faulty.

    But you still have to play by the rules, to get through the program.

    1- Dont use mouthwash at all

    2- Never eat or drink anything in your car other than water. Keep water bottles in your car.

    3- If you ever get a Warn, stop the car. Don’t drive. The Rolling Fails are worse than the Starting Warns. Swish with water and drink water, to remove any food residues that are giving false positives.

  • #176591903

    Anonymous

    the rolling tests after a warn will in fact get your license revoked. If it was mouthwash, that’s another story.

    In the papers I received you initial that you understand what a warn is by definition.

    The tricky thing is it allows you to drive with a warn, doesn’t mean you should.

    I had to look over my papers again, but have never got a warn. You can’t really drink to excess when this is in your car the previous night,

    unless your certain you have waited long enough. Sometimes you have to wait like 18 – 24 hours.

    If not the breathalyzer will give you a viol. It only takes .02, not .04 / .06.

    I’m thinking this guy from NY got his license revoked. Again you have to wait, for example you drink 12 heinekins at 11pm.

    You have to wait 24 hours. You can’t drive until 11pm the next day depending on your height , weight may be longer or shorter.

    If you drink 9 Heinekens at 11pm you could drive around 6pm, but again that’s 19 hours. It’s a long time, but better than getting a lockout.

    Any lockout looks bad even the start-up lockouts, plus it’s 50 dollars as well. 2 lockouts for start-up’s 10 year revocation. Fuck it

    I’d rather get a felony and a third dui than lose my license for 10 straight years.

  • #176597309

    wtf peeps
    Participant

    the rolling tests after a warn will in fact get your license revoked. If it was mouthwash, that’s another story.

    In the papers I received you initial that you understand what a warn is by definition.

    The tricky thing is it allows you to drive with a warn, doesn’t mean you should.

    I had to look over my papers again, but have never got a warn. You can’t really drink to excess when this is in your car the previous night,

    unless your certain you have waited long enough. Sometimes you have to wait like 18 – 24 hours.

    If not the breathalyzer will give you a viol. It only takes .02, not .04 / .06.

    I’m thinking this guy from NY got his license revoked. Again you have to wait, for example you drink 12 heinekins at 11pm.

    You have to wait 24 hours. You can’t drive until 11pm the next day depending on your height , weight may be longer or shorter.

    If you drink 9 Heinekens at 11pm you could drive around 6pm, but again that’s 19 hours. It’s a long time, but better than getting a lockout.

    Any lockout looks bad even the start-up lockouts, plus it’s 50 dollars as well. 2 lockouts for start-up’s 10 year revocation. Fuck it

    I’d rather get a felony and a third dui than lose my license for 10 straight years.

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