NYS Leandra's Law -Interlock Provision in Effect August 15,2010

Paterson Announces New Provision of Leandra’s Law to Take Effect

Governor David A. Paterson joined the families of Leandra Rosado and Katie Flynn, as well as Nassau County Executive Edward P. Mangano, Senator Charles J. Fuschillo Jr. and Assembly Member Harvey Weisenberg to mark the effective date of a key provision of Leandra’s Law, which will require all individuals convicted of a felony or misdemeanor drunk driving charge – even first-time offenders who were not driving with a child under 16 – to install ignition interlock systems in any vehicle they own or operate. This provision takes effect on Sunday, August 15, 2010.

“This week, New York State will take a huge leap forward in our continuing efforts to make our roadways safer,” Governor Paterson said. “With this important provision, New York State now has some of the toughest DWI laws in the nation, with a strong focus on prevention. Requiring ignition interlocks for drunk drivers will prevent more senseless deaths and spare other families the endless grief suffered by those who knew and loved Leandra Rosado and Katie Flynn.”

New York joins nine other states in mandating ignition interlocks for first-time offenders, in addition to any other terms of sentence, such as prison, jail or probation. The devices must be installed for a minimum of six months and a maximum of three years for a misdemeanor conviction and five years for a felony conviction. Anyone attempting to circumvent an interlock device is guilty of a Class A misdemeanor, punishable by up to one year in jail.

In addition to requiring ignition interlocks, the Child Passenger Protection Act, known as Leandra’s Law, makes it a felony for an adult to drive drunk with a child under 16 in the vehicle. Governor Paterson signed this law on November 18, 2009, less than six weeks after 11-year old Leandra Rosado died from injuries sustained when the SUV she was riding in – driven by a woman who was allegedly drunk– crashed on the Henry Hudson Parkway in Manhattan. The driver of the SUV recently pleaded guilty to manslaughter charges.

Leandra’s father, Lenny, was instrumental in the passage of Leandra’s Law, just as the advocacy of Neil and Jennifer Flynn led to passage of legislation that created the crimes of aggravated vehicular assault and aggravated vehicular homicide. This legislation was enacted in 2007, two years after the Flynn’s seven-year-old daughter Katie, and the driver of the limousine she was riding in, were killed when a drunk driver slammed into the vehicle. The driver was convicted of murder and other charges by a Nassau County jury, and is currently serving an 18-year to life sentence.

Statistics cited by MADD (Mothers Against Drunk Driving) show that states with ignition interlock requirements experience a 35 percent drop in fatal alcohol-related crashes. In addition, fewer than 10 percent of drivers ordered to install the devices attempt to circumvent them.