Time flies! Looking back over 2011 and Leandra's law I am amazed once again that it has less to do with the law than with the Application of law. How laws are applied, how statutes are construed, in other words it's all about Interpretation. How are the Courts, the Judges, the DMV, and the powers that be going to "effectuate"... put into effect these new regulations.
The Death of Common Sense
You would think that common sense would prevail, sad to inform you that it doesn't. Many things don't make sense. Some laws and rules are not well thought out or thought through practically. The intent in back of them is good but as they say the road to hell is paved with good intentions.
It used to be that IIDs (ignition interlock devices) were spared but only for the repeat offender or someone on probation supervision. The Judges had discretion to their application. Many who truly needed to have these devices installed in their cars received them. In August 2010 that was all lost to Leandra's law, when ALL DWI convictions had to have a mandatory order for a minimum time of six months. Some Judges mandate 12 months.
NO CAR DWI
If someone got a NYS DWI while driving a rental car, a borrowed car, or totalled their car, WHAT If that someone does not have a car at time of sentencing?
1. There is still a Court Order for a device to be placed for a minimum time period.
2. That order will stand the test of time. (it is on your NYS DMV record)
So ANY time in the future that that person eventually gets a car they will need to install the IID.
3. If that person moves to another state or is from another state this still applies.
4. The county in which the NY DWI occurred will have to do the monitoring as well.
So regardless of where or when it is placed, the monitor of the county of conviction will need to be contacted. They will be given all the downloaded information every month when you return to the installer. The county monitor has the power to take off the device, and check that your obligation (Court Order) has been served.
Regardless of your driver's license issues this interlock issue will need to be dealt with as well. Word to the wise you can run but you can't hide. The piper will need to be paid. Avoidance is merely delay. Like a great many things this one is not going to go away on it's own.
Law Offices of Lawrence Newman
504 North Aurora Street
Ithaca, NY 14850