FAILURE TO INSTALL INTERLOCK DEVICE—N.J.S.A. 2C:4-50.19
Interlock NJ
If you’ve been charged with violation of 2C:4-50.19, you have potential exposure to imposition of monetary fines up to $1,000.00 per violation, plus jail time of up to 180 days for each event and continued driver’s license suspension plus a disorderly persons offense criminal record. In my 26 plus years of practicing criminal law and traffic ticket law, I have successfully handled this type of case. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF CONDUCT CONSTITUTING OFFENSE:
Recently you were convicted of your second DWI. Unfortunately, your alcotest readings or blood alcohol content (BAC) was .21—very high. As a result of that event you were ordered by the court to install an interlock device on your vehicle for a period of one (1) year after you got your driving privileges restored with Motor Vehicle Commission (MVC). After a few months of living with the device you have figured out a way to drive to the bar after work, have a couple of beers, and circumvent the operation of the interlock device. Have you just committed a serious criminal offense?
a. “A person who fails to install an interlock device ordered by the court in a motor vehicle owned, leased or operated regularly by him shall have his drivers license suspended for one year in addition to any other suspension or revocation imposed under R.S.39:4-50, unless the court determines a valid reason exists for the failure to comply. A person in whose vehicle an interlock device is installed pursuant to a court order who drives that vehicle after it has been started by any means other than his own blowing into the device or who drives a vehicle that is not equipped with such a device shall have his drivers license for one year, in addition to any other penalty applicable by law.
b. A person is a disorderly person who:
(1) Blows into an interlock device or otherwise starts a motor vehicle equipped with such a device for the purpose of providing an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle.
(2) Tampers or in any way circumvents the operation of an interlock device.
(3) Knowingly rents, leases or lends a motor vehicle not equipped with an interlock device to a person who has been ordered by the court to install an interlock device in a vehicle he owns, leases or regularly operates.”
The answer to the question is YES. If convicted, your exposure is a monetary fines of $1006.00 plus court costs of $33.00, an additional drivers license suspension for one (1) year, and possible jail time of not less than zero (0) days and not more than one hundred and eighty (180) days, plus a criminal record and additional suspension of driver’s license. N.J.S.A. 2C:43-8. On sentencing the court would weight the aggravating and mitigating factors in assessing how much jail time to impose, if any. N.J.S.A. 2C: 44-1(e); State v. Roth, 95 N.J. 334, 471 A 2d. 370 (1984).
