OVERVIEW OF LEANDRA’S LAW
On November 18, 2009 Governor David A. Patterson signed the Child Passenger Protection Act, better known as Leandra’s Law.
Effective December 18, 2009 the first phase of Leandra’s Law made driving drunk or driving impaired by drugs with a child under age 16 in the vehicle a class E felony punishable by up to 4 years in State prison. Another key provision of Leandra's Law which went into effect August 15, 2010 is the mandatory interlock device provision.
Effective August 15, 2010 New York State joined nine other states mandating interlock devices for all first time DWI convictions. Specifically:
• Vehicle and Traffic Law §1192.2 DWI Intox/BAC .08%
• Vehicle and Traffic Law §1192.2a(a) Aggravated DWI Intox/BAC .18%
• Vehicle and Traffic Law §1192.2a(b) Child in vehicle (alcohol or drugs)
• Vehicle and Traffic Law §1192.3 DWI Intox/common law (based on performance)
• Any crime defined by the NY State Vehicle and Traffic Law or Penal Law of New York State of which an alcohol-related violation of any provision of section 1192 is an essential element.
HOW DOES THE IGNITION INTERLOCK DEVICE WORK?
- The interlock device prevents the car from starting unless the driver blows into the device and has a blood alcohol concentration of less than .025% (alcohol-based mouthwashes can cause a failed test).
- If you fail the start up test, you will be required to re-take the test within 3 minutes.
- If you fail a second time or miss the re-test the device records this information, which will be sent to the probation department, the Court and the District Attorney’s office.
- You will also be required to take additional “rolling tests” while driving, in regular intervals of 15 to 30 minutes. Failure or missed tests will also be recorded and sent to the probation department, the Court and the District Attorney’s office.
- As of August 15, 2010 all probationers installing an interlock are required to install a device with 911 interface real-time GPS tracking.
- The requirement to have an Interlock Device will be placed on your license. All leased and rented vehicles must also contain the device.
- Asking someone to blow into your interlock device, blowing into someone else’s interlock device, circumventing an interlock device or driving any vehicle without an interlock device became Class “A” misdemeanors.
- In misdemeanor cases the interlock device can be installed from six months to three years. In Felony cases the interlock device will be ordered to be installed for five years.
- The interlock device itself costs hundreds of dollars in installation and maintenance fees. Those who cannot afford the fees may be considered for financial assistance, but must prepare a financial disclosure report for judicial consideration (DPCA-500IID-FDR form Available at http://www.dpca.state.ny.us ).
As of 2010, the only approved Nassau County Vendor is:
45 Ramsey Road, Unit 23, Shirley, NY 12564
(Other vendors will soon follow)