When a Long Island woman was arrested on Mother's Day for driving while intoxicated with two children in her car, she instantly became the face of the enforcement phase of Leandra's Law.
The problem with the tough, new DWI law is that it's still not clear if all provisions of the law will actually be enforced across the state of New York by Aug. 15. That's the date the law was scheduled to take effect when the governor signed the bill late last year.
Leandra's Law makes it a felony to drive drunk with a child under age 16 in the vehicle. The law includes an unfunded provision requiring drivers convicted of misdemeanor or felony DWI to have ignition interlocks devices installed in their vehicles.
The unfunded provision is a significant problem: at least 25 counties around the state are asking that implementation of the law be delayed two years. The counties want that time to devise funding plans for the supervision of DWI offenders and installation of the interlock devices for offenders who can't foot the bill themselves.
Once the devices are installed, a vehicle can't be started until the driver blows into the device. If alcohol is detected, the device prevents the vehicle from being started. The device also alerts authorities, who then have to check out and process the violation.
County Officials React to Budget Buster
In western New York, Genesee County officials are worried that they've been handed an expensive mandate they can't afford. According to The Batavian newspaper, 400 to 500 of the ignition interlock devices may be required to be installed in the course of a year. No one knows how many of those drivers would be unable to pay for the devices.
County officials complain that the law is unclear on what happens in those instances. They say they don't have the resources to pick up the tab. The devices cost about $100 to install and $100 per month to maintain.
In Fulton County, the Board of Supervisors ordered its county probation officer not to submit a required plan for implantation of the law. Officials believe they don't have the resources to pay employees to monitor DWI offenders with ignition interlock devices. The board also passed a resolution urging the state to delay implementation of Leandra's Law.
Chemung, Steuben and Tioga counties, among approximately two dozen others, have adopted similar resolutions.
Assemblywoman Donna Lupardo of Binghamton, recently introduced a bill to help counties pay for the implementation of the new DWI law. Lupardo proposes to redirect $6.8 million in fines paid to the state general fund to STOP-DWI Programs across the state. At this point, it's unknown how much support Lupardo's proposal will garner from lawmakers around a state reeling from budget shortfalls.
