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