Leandra’s Law
New legislation cracks down on DWI offendersArticle Photos
By ROBERT RIZZUTO
Special to the OBSERVER
Legislation passed by the New York state government this week will make major changes to existing driving while intoxicated law when it goes into effect.
The new legislation, dubbed Leandra's Law, has two main facets; stiffer penalties and mandated ignition interlock devices for first-time DWI convictions and stiffer penalties for those who drive drunk or under the influence of drugs with children in the vehicle.
The law is named after 11-year-old Leandra Rosado, who was killed on Oct. 11 when a station wagon full of children driven by a mother accused of drunk driving flipped on the Henry Hudson Parkway in Manhattan on the way to a sleepover.
Since the day Leandra died, her father, Lenny Rosado, demonstrated publicly and pushed the state legislature to take decisive action on the issue of drunk driving.
FIRST-TIME OFFENDERS FACING STIFFER PENALTIES
On one side of the legislation, there is a new mandate that requires all judges to order defendants convicted of DWI, even a first offense, to install an ignition-interlock device in their vehicle.
The devices are wired into a defendant's vehicle and in order to start the car, they must pass a breathalyzer test, which then allows electricity to flow to the ignition. With many models of the device, there are random "checks" throughout the driving period where the driver must blow into the sensor again, or the failure to do so will be logged and known by a probation officer when it is checked sometime in a 30- to 60-day period. Other models reportedly flash the lights and honk the horn while a vehicle is in motion, presumably to get someone pulled over, although none simply turn the car off because that would present an eminent danger to the driver and everyone else on the road.
In Chautauqua County however, the new law likely won't make much of a difference for first-time DWI incidents because there is already a system in place to deal with such offenders.
First-time DWI offenders meeting a specific set of criteria are eligible for a probation-based program established by District Attorney David Foley.
Basically, if offenders plead guilty to the DWI charge, they will be assigned to report to the county probation department and will remain under its supervision for six months to a year. They will also be required to speak with a substance abuse counselor, with expenses for the meeting paid out of their own pocket, and receive treatment if deemed necessary.
There is also a requirement to attend the victim impact panel, which is a presentation by family members who have lost a loved one due to an alcohol-related crash, accident or situation.
"In Chautauqua County, the defendant is required to carry a tow, and through the process they learn that it's not worth doing again," Foley said. "I would prefer that a first-time offender keep their license and remain a productive member of society than just make them a criminal. If they are successful in the program, they would be able to rescind their DWI guilty plea and plead guilty to a (lesser) driving while ability impaired charge, and pay the maximum fine."
The DA's policy would make it so the interlock requirement isn't a typical part of the first-offense sentence, although the probation department can mandate it if there was a special circumstance with the arrest or if they see fit to do so.
If a person gets a second DWI charge after completing the program, or if they fail to complete the requirements, they may have to install the device in all vehicles they drive.
"Ultimately, I'm not sure if these kinds of laws will actually accomplish what they are intended to - lower the number of people who drive under the influence," Foley said. "I've always believed that making a good decision or changing a bad behavior is best accomplished through education, and that's the point of the probation-based system we have here. I'm simply not going to change my policy based on this new legislation, because we've seen it work here."
As for the cost of the ignition-interlock devices, who would install them or who would pay for them if a defendant doesn't have the money to do so, those details have not been worked out and this part of the legislation is poised to go into effect in the next nine months.
DRUNK DRIVING WITH CHILD PASSENGERS
In passing Leandra's Law, New York joins 35 states that have special "child endangerment" laws to impose higher DWI sanctions against people who place a child passenger at risk.
"When I introduced The Child Passenger Protection Act, now known as Leandra's Law, it was because too often drivers under the influence of alcohol or drugs chose to compromise not only their own lives, but also the lives of our children. Today, we say enough," said Gov. David Paterson. "This legislation sets some of the toughest DWI penalties in the nation, providing law enforcement officials with the tools they need to prosecute offenders."
The new legislation changes existing law in several ways. There are provisions included to elevate DWI charges in conjunction with a child passenger to the felony level and automatically suspend a defendant's driver's license pending prosecution.
The law also requires that parents, guardians, custodians or anyone who is legally responsible for a child and charged with driving while impaired by alcohol or drugs while that child is a passenger in the car, to be reported to the statewide Central Register of Child Abuse and Maltreatment by the arresting agency.
A conviction would be punishable by up to four years in prison if a child up to 15 years old was in the vehicle. There are longer prison terms if the child is injured.
Its supporters say it will be a strong deterrent as currently, there are no additional charges if a driver convicted of DWI had a child in the car when stopped.
"For my family, and for my daughter ... this is what is going to save lives in her honor," said Leandra's father, Lenny Rosado in a recent Associated Press interview. "Everyone who takes a drink and gets behind the wheel, is going to think twice about driving whether there are children in the car or outside of the car and taking a life, that my daughter's name and her death will make a difference."
Rosado and representatives of Mothers Against Drunk Driving lobbied the state legislature, especially Assembly Speaker Sheldon Silver's office, following Leandra's death to get the law passed. In the end, the bill was passed by the legislature in a rare showing of bipartisanship.
"We have heard from the family of Leandra Rosado, Mothers Against Drunk Driving, and law enforcement, district attorneys and concerned citizens from across New York State, who demand the comprehensive protections and punishments that this law will provide," said Assembly Speaker Sheldon Silver, D-Manhattan. "With the passage of this legislation, New York will have the toughest sentences for any first-time DWI offense in the nation, including mandatory interlock systems for those convicted of drunken driving. This sends an important message; drive intoxicated with a child, get charged with a felony."
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marymary
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11-22-09 5:32 PM
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Remember the life you save is only yours because it's usually the other guy that gets killed. Come on judges no plea bagaining.
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SJMinTX
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11-22-09 8:13 AM
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No laws of any kind can stop someone from driving drunk. That is a personal decision made by an individual. This is another example of foolish politicians attempting to legislate morality. Common Sense should tell anyone that the risks of driving drunk FAR outweigh the cost and inconvenience of taking a cab home - or arranging a ride home before heading out for a night on the town.
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Ybesilent3
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11-22-09 8:05 AM
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There has been laws down south for this ignition device for years, the only problem is that I know people that had it and all you do is have someone else blow into this thing and thats it, its real easy to beat.. its just a money thing,you have to rent it, pay a subsciption and have it installed thats it.
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marymary
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11-22-09 7:25 AM
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WAKE UP AMERICA!!! you drive drunk you do NOT pass go you go to jail!! It's JUDGES that let our drunk drivers get off with slaps on the hands.Drunk drivers you know who you are!!! I don't even want to hear I only drink once in awhile to bad for you. You drink and drive your just as bad..STAY HOME AND DRINK!!!!
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