New York’s DW Ignition Interlock Law is Unconstitutional

New York State introduced Leandra’s Law in 2009 and began enforcing it in August 2010. The new law requires all first-time DWI offenders to have ignition interlock devices installed and monitored for six months in all automobiles. they own or operate. Is this new constitutional law?

A new case from the City Court of Watertown, New York caused an uproar in the legal community by arguing that sections of the new law are unfair, unreasonable, and furthermore unconstitutional.

people v. waters, declares articles of the Nueva Leandra Law unconstitutional. Apparently, the way New York State courts have been applying the ignition interlock device has been unconstitutional since August 2010…the court stated that New York implemented the devices on first-time offenders too quickly and thus randomly infringing on your rights under due process. equal protection and fairness in general.

1. It is unfair to force the installation on all vehicles they own and/or operate.

I have been discussing this point ever since I heard about the new law. What if someone has multiple cars for family members (like me)? What if someone owned a fleet of work cars? Why should co-workers and family members be forced to use and monitor these devices? What about the cost of $75 to $100 per month per car plus devices checked every 30 days?

Everyone is forced to suffer with the IIDs, it makes no sense.

2. Unfair not to have standards and/or guidelines for judges to determine indigence to install and maintain the devices.

Another subjective point that I have argued too often, one court argued that they needed to receive welfare or SSI to qualify, another court judge said he would decide based on asking if they owned a cell phone and if they had a car payment. Was there and isn’t there a fixed, standard scale and/or published numbers based on family members, assets, liabilities, wages, etc.?

3. Without fixed cost (fines) in the devices presented before the Court. An open punishment is in sight.

These companies (the private IID firms) have an open ticket in our pockets, as I say “carte blanche”, the white card of prestige and full power to do whatever they want and charge us to no end.

So what now in February 2011? We still have them (the IIDs), but we definitely need more information and guidance on their use and application. Additional concerns are for out-of-state motorists with NYS DWI. NYS is forcing these out-of-state motorists to install IIDs in their home states, maintain and monitor them there, and send the data via satellite. Aside from the logistical and interstate issues of such a policy, what if they fail (hit an alcohol reading of over .02 BAC)? Do they have to travel back to New York State and be arrested for a crime committed in their states? Apparently the reach of NYS stretches from sea to sparkling sea now!