You are required to install an Ignition Interlock Device on all vehicles owned or operated within 10 business days of the date you were sentenced. You must further provide written notice of installation to the monitoring agency of the installation within 3 business days of the installation.
In regard to this procedure, there are some things you need to understand:
- A business day is defined as any Monday through Friday that is not a federal holiday.
- Failure to notify the monitoring agency (Oneida County Probation Department) in writing within the time noted above may lead to a violation of the terms of your Conditional Discharge which may result in the Court issuing a warrant for your arrest and you being subjected to a term of incarceration as allowed by law.
In order to determine what class of device you must install and where you can have it installed, you must contact the monitoring agency. They will assist you in identifying local installation sites that are able to install the proper device. You are responsible for contacting the vendor and making arrangements to have the device installed. Unless the Court specifically waives the cost, you are responsible for all fees and cost for the installation, operation, maintenance and removal of the ignition interlock device(s).
At the time of installation, the installation site will provide operational training to all individuals who need to operate the vehicle after the installation of the device. This training will be done at the time of installation and you must ensure that all individuals who are going to operate the vehicle are present at the time of installation.
In Oneida County, the Oneida County Probation Department has been determined to be the monitoring agency. It is required that you contact them within 3 business days as you have only 10 business days to get the device installed. The department is open Monday – Friday 8:30AM – 4:30PM.
Prior to installation of the Ignition Interlock Device, you will need to provide the installation/service provider AND the Oneida County Probation Department with the following:
- Your photo identification or license for examination purposes
- The name and policy number of your motor vehicle insurance (bring your insurance card)
- The vehicle registration card
Upon the installation of the Ignition Interlock device, the Oneida County Probation Department will be monitoring your vehicle(s). They will provide you with instructions as to how and when to communicate with them during the period of time the device(s) are installed.
The device must be installed for a minimum of 6 months and may not be removed without authorization from the Court or the monitoring agency, which in Oneida County is the Oneida County Probation Department. The Court will not automatically contact the NYS Department of Motor Vehicle; it is your responsibility to petition this Court.
Failure to comply with all instruction may lead to a violation of the terms and conditions of your Conditional Discharge. This may lead to the Court issuing a warrant for your arrest and you being subjected to a term of incarceration as maybe allowed by law. These instructions include, but are not limited to the following instructions:
- The Courts instructions as shown in your terms and conditions of your Conditional Discharge or Probation
- The instructions provided to you by the monitoring agency (in Oneida County that is the Oneida County Probation Department)
- The installation site which will provide you operational and maintenance instructions from the device manufacture
- The device manufacture which may provide you with written and/or web-based operational and maintenance instructions
As these time limits are somewhat short, if you have any questions or trouble with this process, it is highly recommended that you immediately contact your attorney for advice as to how to proceed.