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 Posted: Fri Sep 3rd, 2010 04:48 pm
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beejmi
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The second part of a tough new state law takes effect, forcing anyone with a DWI conviction to get a device installed in their car that requires them to pass a breathalyzer test to start the engine.

"This is another measure to stop an epidemic in New York State - to stop drunk driving," said state Sen. Charles Fuschillo (R-L.I.), a sponsor of the law. "It takes away judicial discretion, and it requires a mandatory interlock."

The law was named after 11-year-old Leandra Rosado, who died last October when the car she was in flipped over on the West Side Highway. The car's driver, Carmen Huertas, pleaded guilty last week to drunken driving.

The first part of Leandra's Law took effect in December, making it a felony for anyone to drive drunk with a child younger than 15 in their car. In the first six months, there were 248 Leandra's Law arrests across New York State. Nine other states have laws requiring the breathalyzer devices to start the car, and many have shown declines in repeat offenses.

The breathalyzer, known as an interlock, costs drivers about $170 to $200 for installation and $80 a month for maintenance.

"It's a small price to pay to have their license back," said Don Prudente, the owner of DriveSafe Ignition Interlock of New York.

Under Leandra's Law, judges can decide whether a DWI convict must also have a camera installed to record each test and a GPS device.

After the breathalyzer tests the driver at the start of the ride, it monitors them while on the road.

Motorists who have a .025 blood alcohol content flunk, even though the legal threshold for drunken driving is .08 - because drivers with DWI convictions are not allowed a single drink before getting behind the wheel.

"It's so sensitive, it picks up what they did the night before," Prudente said. "It picks up their hangover."

The interlock records all the times a driver takes the test and their alcohol level. Each month's results are sent to the driver's probation officer. Failing the test could add to the time a driver has the interlock. A Daily News reporter who tried the device last week flunked immediately after one swill of beer. Five minutes later, he passed. When he finished a can of beer in 20 minutes and waited another five minutes, the reporter failed again, registering a .03.

Prudente has about 400 clients in Long Island with the devices. Leandra's Law will boost business, but he says that's not the point. "It's about stopping somebody from killing other people's kids," Prudente said. "It's about keeping the roads safe."


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 Posted: Fri Sep 3rd, 2010 05:14 pm
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beejmi
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I've never been nailed for this and as a rule I rarely drink anyway but I have to admit that DUI laws in general make me nuts. Just because the person hasn't actually "did anything" and it's a law based on statistics.

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 Posted: Fri Sep 3rd, 2010 05:21 pm
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bart

 

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I'll probably get shit for this, but I think this is bullshit, at least for a first offense. Especially the parts about paying for the installation and $80 a month in upkeep. Between all the financial punishments and ongoing fees, all they are going to do is push people into more legal trouble when they can't afford it all.

I'm not advocating drunk driving, but it's just giving the state more power, not only over the person who did the crime, but over anyone who might share a vehicle with them. If they are such a danger, take their liscence or keep them in jail. And don't give me the shit "they can still drive with no liscence", cause they can still drive with no machine in the care too, if they take a different one.

It's a BS, feel good law that simply lines someone else's pockets. And if it's really about "stopping the problem" not the profit, then the doucher who did the interview would donate his time rather than charge for it. But it IS about the profit.

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 Posted: Fri Sep 3rd, 2010 07:52 pm
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I see your point Bart, but the suggestion to keep them in jail means that tax dollars are used to keep them there, as opposed to fining them and making them pay for this equipment.  That seems silly to me.

Then again, I'm a homer and don't have much patience or leeway when it comes to idiots getting behind the wheel while intoxicated.

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 Posted: Fri Sep 3rd, 2010 10:09 pm
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amerorig



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bart wrote:
I'll probably get shit for this, but I think this is bullshit, at least for a first offense. Especially the parts about paying for the installation and $80 a month in upkeep. Between all the financial punishments and ongoing fees, all they are going to do is push people into more legal trouble when they can't afford it all.

I'm not advocating drunk driving, but it's just giving the state more power, not only over the person who did the crime, but over anyone who might share a vehicle with them. If they are such a danger, take their liscence or keep them in jail. And don't give me the shit "they can still drive with no liscence", cause they can still drive with no machine in the care too, if they take a different one.

It's a BS, feel good law that simply lines someone else's pockets. And if it's really about "stopping the problem" not the profit, then the doucher who did the interview would donate his time rather than charge for it. But it IS about the profit.


THIS. So Fucking this.

http://www.fresnobee.com/2010/07/24/2017632/police-arrest-5-in-valley-dui.html

Like this shit. Every weekend this runs in the paper, "Fresno Police arrested 3 Drunk Drivers at a DUI checkpoint, and impounded 30 cars for Various violations. "

So what the fuck are you checking for? DUI's or "Various Violations"? Seems to me they just like the 1500 in impound fees that they make every time they get one of those fuckers.

Its just another revenue generation scheme like some Roscoe P. Coltrane and Boss Hogg would come up with.

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 Posted: Sat Sep 4th, 2010 12:51 am
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srossi
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bart wrote: I'll probably get shit for this,

Not from me.  Spot on.



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 Posted: Sat Sep 4th, 2010 01:58 pm
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Portalesman
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We've had this breathylizer shit in New Mexico for 4 years now.  In the beginning it was a mandatory 2 yrs breathylizer for a first offense.   It hasn't helped at all (if people are gonna drive drunk, they just get somebody sober to blow for them or use the balloon trick, which means they blow into a balloon before they drink and blow the balloon air through a kazoo into the breathylizer and the car starts.

The stats haven't gone down so its now a mandatory 6 months but your contract with the breathylizer company is for a one year minimum.  Its bullshit.



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 Posted: Sat Sep 4th, 2010 02:20 pm
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BayouBoogie



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We've had that in Louisiana since the mid-90s if not earlier. But I don't think it's for first offense. At least, not back then when I knew people who had it.  I think it was for repeat offenders. Could be wrong though.

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 Posted: Sat Sep 4th, 2010 07:19 pm
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beejmi
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The breathalyzer is at the "DUI recipient's expense" so I imagine there's money being made on this that comes back to the state or the police in the end.

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 Posted: Sat Sep 4th, 2010 07:21 pm
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Portalesman
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In New Mexico, the legislator who put the bill through was the same person that had breathalyzer companies set up and ready to install within a week after the law was passed.



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