| Yesterday I was first up in Ithaca City Court (first | | | | maintenance of the device on any vehicle owned and |
| come first served), with four DWI cases in various | | | | operated by those convicted of DWI. 4. The |
| stages of disposition. Judge Rossiter began the | | | | Probation Department within each respective county |
| morning by announcing to a full Courtroom (240 | | | | will monitor, issue regulations, and oversee these |
| cases on her docket) about the new New York | | | | Ignition Interlock Devices, and their usage. Reading |
| Drunk Driving legislation that was a coming. | | | | between the lines that means Probation Supervision |
| On November 18, 2009, Governor Paterson signed | | | | is a likely possibility ( 3 years for a misdemeanor |
| into law, Governor's Program Bill Number 204, The | | | | DWI, and 5 years for a felony DWI) for those |
| Child Passenger Protection Act, also known as | | | | convicted as well. That means no drinking for 3 or 5 |
| Leandra's Law, it passed by the wide margin of 58-0. | | | | years with regular random (unannounced) monitoring |
| Although the law was focused on the protection of | | | | of urine, blood, and/or breath. 5. Drivers who |
| children (and those with driving children as | | | | cause serious physical injury (the threshold for |
| passengers) it will have far reaching ramifications to | | | | serious injury is not very high) to children 16 or |
| all first time DWI offenders. New York State now | | | | younger will be charged with a Class C Felony, |
| joins 35 other states that make it a class E felony | | | | punishable by up to 15 years in State Prison. 6. |
| for first time DWI offenders driving with children as | | | | Drivers who cause the death of child may be |
| passengers. Just so we are all clear, Class E Felonies | | | | charged with a Class B Felony, punishable by up to |
| in New York State carry State prison terms of 1 to | | | | 25 years in State Prison. 7. Drivers (who are also |
| 4 years, and 5 years of probation. Compared to say, | | | | parent, guardian, or legally responsible for a child) |
| New Jersey where your first two DUIs do not even | | | | charged with any DWI or DWAI drugs while "that" |
| count as misdemeanors and are merely treated as | | | | child is a passenger will also be reported to the |
| traffic violations. This new law also makes Ignition | | | | Statewide Central Register of Child Abuse and |
| Interlock Devices Mandatory for first time DWI | | | | Maltreatment. Child endangerment charges are |
| offenders. This is something the Court must impose | | | | another likely scenario as well as being held as |
| for a period of at least 6 months. Illinois just put this | | | | an unfit parent or legal guardian. The good news is |
| into their law in 2009, and many other states are | | | | that this year I have not had any DWI cases where |
| following suit. Specifically under the new law: 1. First | | | | my clients had children 16 years or younger as |
| time DWI offenders (the DWI VTL 1192 (2) per se | | | | passengers in their cars. I do not think it is a common |
| violation of a BAC .08 or higher and/or VTL 1192 (3) | | | | situation. Although I did refer a DWI case with a NY |
| common law DWI) or Impaired by drugs (DWAI | | | | driver traveling through another state who did have |
| drugs) driving with a child (16 years or under) may be | | | | his children asleep in the back seat of his car. If that |
| charged with a Class E Felony. In the past, DWIs | | | | same case played out here, with this new legislation |
| were only charged as Class E felonies in New York | | | | in place, it would be a potential nightmare on so |
| State after a second DWI was committed within a | | | | many levels. In that situation, the Office of Children |
| 10 year time period. 2. Mandatory Driver License | | | | and Family Services would be involved, and those |
| Suspension (pending prosecution) for people so | | | | parents would be facing criminal court and family |
| charged. This is no different than the law in it's | | | | court, and an open Pandora's box of problems. |
| current form. 3. Courts MUST order an ignition | | | | Charges of Child maltreatment, Child neglect, and |
| interlock device on all those convicted of DWI. There | | | | Child abuse may add to all the other issues facing |
| is a minimum 6 month time period for Installation and | | | | these first time DWI offenders. |