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Assemblymember
Anthony J. Brindisi
Assembly District 119
 
Assemblymember Brindisi: Strengthening Leandra’s Law Sends Clear Message
July 26, 2013

Assemblymember Anthony J. Brindisi (D-Utica) announced that legislation he supported that strengthens Leandra’s Law to ensure safer roads through greater use of ignition interlocks was signed into law. Ignition interlocks are breath test devices that prevent cars from starting if the driver is intoxicated.

“Today we have closed a loophole that allowed convicted drunken drivers to get out of installing ignition interlock devices in their car.” Assemblymember Brindisi said. “By strengthening our drunk driving laws we are sending a clear message that we want to keep our families safe.”

Leandra’s Law, also known as the Child Passenger Protection Act became law in 2009, following the tragic death of 11-year-old Leandra Rosado. This law made it a felony to drive while intoxicated with a child under the age of 16 in the car. Under Leandra’s Law, all people convicted of DWI are required to have an ignition interlock device installed on any and all vehicles they operate for a minimum of six months, at the expense of the defendant.

However, many of those convicted have found ways to avoid this requirement by falsely claiming they no longer own a car. Under this law, motorists convicted of drunken driving will have to state in court and under oath that they no longer own a car and will face perjury and other criminal charges if they are found to be lying.

This bill also creates felony charges for convicted DWI offenders who drive drunk again while holding conditional licenses – a class E felony is punishable by a prison sentence of up to four years. Additionally, the bill would increase the minimum period of interlock installation from six to one year and clarify that youthful offenders are subject to the ignition interlock requirement.

 
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