Sunday, February 13, 2011

Update Ignition Interlock Devices Declared Unconstitutional

New case out of City Court of Watertown, NY makes big waves.

People v. Waters, declares sections of New Leandra's Law Unconstitutional. Apparently the way the New York State Courts have been applying the Ignition Interlock Device has been Unconstitutional since August 2010... says New York rolled out the devices on first time offenders too fast and thus haphazardly infringed their rights under due process, equal protection, and overall fairness.

1. Unfair to force installation on every vehicle they own and/or operate
I have been arguing this point since I heard the new law, what if someone had multiple cars for family members (like me)?, What if someone owned a fleet of work cars?

Everyone is forced to suffer with the IIDs- makes no sense

2. Unfair to have no standards/guidelines for Judges to find indigency to install and maintain
Another point I have seen all too often, one court argued they needed to be on welfare or SSI
another Court Judge said they would decide based upon having a cell phone and a car payment
No set scale or published numbers?

3. No set cost (fines) on devices filed with the Court. These companies the IID firms have an open ticket in our pockets, as I say "carte blanche" the white card of prestige and utter power to do as they will

We still have them (the IIDs) but we definitely need further input and guidance in their use and application.

NYS is also forcing out of state motorists to install in their home states and send back via satellite the monitoring info, what if they fail do they have to travel back to NYS? Apparently the reach of NYS extends from sea to shining sea now!