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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.
MANDATORY INTERLOCK
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?
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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).
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If you fail the start up test, you will be required to re-take the
test within 3 minutes.
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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.
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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.
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As of August
15, 2010 all probationers installing an interlock are required to
install a device with 911 interface real-time GPS tracking.
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The
requirement to have an Interlock Device will be placed on your
license. All leased and rented vehicles must also contain the
device.
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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.
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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:
Interceptor Interlock
45 Ramsey Road, Unit 23, Shirley, NY 12564
800-215-1007
(Other vendors will soon follow)
For More Information And To Schedule a Free Consultation Call
Our Office: 1 516 794-3500
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