Governor Paterson Announces New Provision of Leandra's Law to Take Effect

Released by The Governor's Office on August 12th, 2010. Can be read here: http://www.state.ny.us/governor/press/081210LeandraInterlock.html

Governor David A. Paterson today 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.

Child Passenger Protection Act/Ignition Interlock Provision Facts:

  • There have been 392 arrests under Leandra's Law reported to the State Division of Criminal Justice Services (Dec. 18, 2009 through Aug. 8, 2010).
  • An estimated 25,000 drivers statewide will be required to install an ignition interlock device annually.

An interlock device costs between $75 and $100 to install, coupled with a monthly fee ranging from $70 to $100. The drunk driver pays the cost of the device, not taxpayers.

The following statements were provided in support of the ignition interlock provision:

Lenny Rosado said: "I didn't want any other parent, no other mother or father, to go through the pain that I go through every day. We needed to do something about driving drunk with children, and we are doing something about this: we have one of the toughest laws in the country. My mission is to make sure we put an end to this, stop this madness, and stop damaging families."

Neil and Jennifer Flynn said: "We live with the pain of Katie's death every day. So, in the hope of saving others from suffering the loss of a child, we've joined in the fight against drunk driving, and we support legislation that results in aggressive DWI prosecutions. As long as we can make a difference, we will continue to do everything we can to change the permissive culture that still surrounds drunk driving."

Senator Martin Malavé Dilan said: "The implementation of interlocks in other states and in some New York counties has proven successful in fighting drunk driving. Leandra's Law has exceeded expectations in successfully targeting those that have made the poor choice of driving drunk with children in the car. I'm sure the implementation of interlocks this weekend will have the same impact on drunk driving, and both reduces the number of first-time offenses and the rate of recidivism. I look forward to working with counties to ensure the continued success of this program through adequate funding and support."

Senator Charles J. Fuschillo Jr. said: "I fought for this new law to ensure that an ignition interlock will take the weapon out of a drunk driver's hands. Ignition interlocks have been proven effective at stopping convicted drunk drivers from committing repeat DWI crimes. With drunk drivers killing hundreds of people on New York's roads every year, this is an important and critical step to end the drunk driving epidemic in New York State."

Assemblyman David F. Gantt said: "Leandra's Law represents a significant step in our State's ongoing effort to deter drunk driving and save lives. And so I applaud Governor Paterson for enacting this important piece of legislation, and for increasing the safety of our roads."

Assemblyman Harvey Weisenberg said: "It is clear that being charged with a DWI is no longer enough of a disincentive to drink and drive. There are people out on the roads of our neighborhoods who continue to operate a vehicle while under the influence despite having multiple DWIs. As a former Chairman of the Assembly Alcohol and Substance Abuse Committee and former police officer, it is my hpe that ignition interlock devices will be the key to preventing injuries and deaths throughout communities across New York State."

Nassau County Executive Edward P. Mangano said: "This law will not only save lives and keep our roads safe, but it sends a message that if you drive drunk in New York State, you will be punished. The destruction that can be caused by drunk drivers is irreparable, and we have to take every precaution we can to prevent this crime. Leandra's Law adds to our zero-tolerance policy in Nassau County, and shows that this serious crime has equally serious consequences."

Nassau County District Attorney Kathleen Rice said: "While mandatory interlocks can be life-savers that literally take the keys out of the hands of convicted drunk drivers, we can never become complacent or think that we have done all we can. As long as there is one driver who gets behind the wheel of a car after drinking, then we are all at risk and still have work to do. Legislation like Leandra's Law and Jack Shea's Law are proof that by never wavering in our commitment to eliminate drunk driving, we will continue to honor every victim killed and family torn apart, like the Rosado and Flynn families.

Nassau County Police Commissioner Lawrence W. Mulvey said: "The passage of this legislation is another positive step in our attempts to prevent tragedies, such as the one that took the life of 11-year-old Leandra Rosado. The Nassau County Police Department has made arresting DWI offenders one of its top priorities and we will aggressively continue these efforts to make our roadways safer and protect our most precious natural resource, our children."

Denna Cohen, Chair of the MADD-LI Advisory Council, said: "Mandatory interlocks on all DWI offenders will save lives. My daughter was killed by a multiple DWI offender; had this law been in effect then it could have saved her life."