Monday, August 5, 2013

Ithaca Cortland Lawyer The Catch-22 of the New Ignition Interlock Law

Ditto, fm warrantless.org

November 2013 we have more pain coming for DWI offenders in New York State. More is better, right? If we just increase the penalties, then we will abolish the crime? I am talking tongue in cheek, if things were only that simple.

New York Bill 02285A is a big Catch-22 in some respects. A Catch-22 is kinda like "you're damned if you do, and you're damned if you don't." In other words, there really isn't a choice or that both choices lead to the same fate. You can't win.

In the new New York State DWI Ignition Interlock world of laws you must now have a device (the interlock) placed upon your car for a minimum of 12 months. Remember it cost about $80 to $90 a month to maintain this in a car. Imagine if you own and operate more than one car?

The New Law on Paper

You are allowed to remove it (must request) if you put it on and keep it (maintains) on for 6 months. Unless, the Judge (the Court) requires (orders) it (as a condition) to be placed on for 12 months. Great that the legislature added that little exception, have any of them actually practiced criminal defense street law is another question.

here is the gobblygook of that:


PROVIDED, HOWEVER, THAT SUCH PERIOD OF INTERLOCK
   20  RESTRICTION SHALL TERMINATE UPON SUBMISSION OF PROOF  THAT  SUCH  PERSON
   21  INSTALLED  AND  MAINTAINED AN IGNITION INTERLOCK DEVICE FOR AT LEAST SIX
   22  MONTHS, UNLESS THE COURT ORDERED SUCH PERSON TO INSTALL AND  MAINTAIN  A
   23  IGNITION  INTERLOCK  DEVICE  FOR  A  LONGER PERIOD AS AUTHORIZED BY THIS
   24  SUBPARAGRAPH AND SPECIFIED IN SUCH  ORDER.


The Real World: The New Law in the Courtroom

In the REAL world, the world I live in, if the new law states a minimum of 12 months then what Judge is going to NOT order it installed for 12 months?

In fact I have been seeing more and more Judges now ordering a 12 month install even though it is a first time offender, no accident, no dependency diagnosis, and no history of drug/alcohol abuse.

This law is in response to recent polls which show that only a third of those ordered to install IIDs actually did. Again the legislature has responded to the doom and gloom by making harsher laws, increased punishments instead of figuring out why we have low compliance.

Is this New New York DWI Law Part of a Trend?

Punishment over justice appears to rule the day. Rehabilitation would be the stance of cooler minds. This position of more and more punishment I believe has now forced California to have release thousands of it's prisoners. More laws, tougher laws, and harsher administrative penalties don't always work in the long haul. How about applying what we have in a balanced way?

What has failed to work in California, super overcrowded prisons and spending enormous sums on maintaining them has crippled their correction system. Has a long term policy of incarceration before rehabilitation failed?

http://www.cnn.com/2013/08/02/justice/california-inmates-release

http://www.americanthinker.com/blog/2013/08/scotus_okays_release_of_10000_california_prisoners_by_year_end.html

DWI Defense Attorney Larry Newman
http://www.ithacadwi.com

607-229-5184

newman.lawrence@gmail.com