SENATE PASSES LEGISLATION TO STRENGTHEN LEANDRA’S LAW

Joe Robach and the New York State Senate passed legislation to strengthen Leandra’s Law.  The legislation would ensure that offenders comply with the provision of the law requiring them to use ignition interlocks.

Leandra’s Law was passed in 2009 following the tragic death of 11 year old Leandra Rosado, who was killed while riding in a car driven by her friend’s intoxicated mother.  As part of Leandra’s Law, all convicted DWI offenders must install and use an ignition interlock in all vehicles they own or operate for a period of at least six months after their DWI conviction.  Ignition interlocks are breath test devices linked to a vehicle’s ignition system which prevent the car from starting if alcohol is detected in the driver’s breath.

However, Joe Robach and the Senate know that many drunk drivers try to avoid the ignition interlock requirement by claiming they do not own or operate a vehicle, waiting for the interlock period to run out, and then reapplying for a license without ever having to use the interlock.  Some of these drivers temporarily transfer ownership of the car to a relative or friend, who then allows that person to drive it without an interlock. 

Far too many drunk drivers are escaping the interlock requirement through this loophole. Although over 7,100 drunk drivers installed interlocks between the start of the interlock requirement on August 15, 2010 and December 31, 2011, they account for only 31 percent of the offenders who were ordered to do so, according to the New York State Division of Criminal Justice Services.

As part of a sweep last summer targeting convicted drunk drivers who try to avoid the ignition interlock requirement, the Nassau County District Attorney’s office arrested twenty offenders in two weeks for illegally driving without a court-ordered ignition interlock.  Many of these offenders were arrested after illegally driving to meet their probation officers.

The legislation supported by Joe Robach and the Senate, would help strengthen Leandra’s Law by:

  • Clarifies that offenders must install ignition interlocks on any car they own or operate or the car they used to commit the DWI offense.  Offenders would not only be required to install and maintain an interlock, they would also be prohibited from driving without one;
  • Requiring offenders who demonstrate good cause for not installing any interlock to instead wear a transdermal alcohol monitoring device, such as an ankle bracelet, which would detect whether the offender has been consuming alcohol in violation of their sentencing conditions.  As with the interlock, the costs of installing and maintaining the device would be borne by the offender;
  • Preventing offenders from getting a license without fulfilling either the interlock or transdermal alcohol monitoring device requirement.  This would ensure that offenders cannot avoid alcohol monitoring, eliminating a major incentive to try and evade the interlock requirement;
  • Requiring DMV to receive specific authorization to remove the interlock restriction; it would not automatically be removed after 6 months;
  • Making it clear that failing an interlock is a violation of the offender’s sentencing conditions;
  • Creating felony charges for convicted DWI offenders who drive drunk again while holding a conditional license.

The legislation has been sent to the Assembly for consideration.  If you have any questions about this bill or any other bills pending in the Senate, please contact the office of Joe Robach.