When the interlock-device provision of Leandra's Law is implemented on Aug. 15, there may be only one local auto-service shop certified to install the devices on the cars of convicted drunken drivers.
Bill's Auto at 101 Evans St., Batavia, is an authorized service agent for Des Moines, Iowa-based Intoxalock, one of six manufacturers certified by New York to sell the devices under court-mandated penalties for DWI. So far, no other Genesee County repair shop has apparently become certified to install interlock devices for any of the other manufacturers.
Business might be booming soon for Bill Ruffino -- with an estimated 300 to 400 cars in Genesee County required to get the device in the next year -- but Ruffino isn't sure that's a good thing.
Devices must be installed on every car a convicted drunken driver might drive. Once installed, a monthly inspection is required for each device, so for some drivers that might mean multiple trips to Bill's Auto.
Ruffino also figures that some people will be just flat embarrassed that they were convicted of DWI.
At the end of the day, some convicted drunken drivers may not have a warm-and-fuzzy feeling about Bill's Auto after going through the process.
"They’re not going to be happy people coming in here if they have to have it on multiple vehicles and get it inspected," Ruffino said. "It’s going to be a hassle. I’m not sure how happy they are going to be to see me."
Leandra's Law was passed in November in a rush following the death of Leandra Rosado, an 11-year-old passenger in the car of an allegedly driven drunken driver. It stipulates that interlock devices be required for six-months or longer on the cars owned or operated by convicted drunken drivers.
Ruffino said he isn't sure how it's all going to work -- the state has yet to produce guidelines, but he does know his shop is going to be doing a lot more installations and monthly inspections.
Yes, monthly inspections. Each car with the device will be required to roll into the shop for a visual inspection, and a piece of the device that contains a data chip will be taken out, put in a box and mailed to the manufacturer. Then technicians there download the data and provide it to Genesee County officials.
Currently, Bill's Auto has only two clients with interlock devices installed, so he said he really isn't clear how his shop, the county and state will work together on the new program.
"I never actually spoke with the county when I signed up for this," Ruffino said. "It was just a rep from the manufacturer itself who got a hold of me and asked me to do it, but until this came through, I’d never spoken with anybody (from the county) about it."
Earlier this week, Genesee County officials raised concerns about the lack of details from the state on how the new program will work and who will pay for administration of the program, but a spokesman for Intoxalock said many of the county concerns are already taken care of by state law.
For example, county taxpayers will not be burdened with the cost of the devices for so-called indigent convicts.
Brad Fralick, director of government relations for Intoxalock, said that New York already requires manufactures to cover devices for convicted drunken drivers who can't afford the devices.
While the state is working out a scheme for an assessment to be charged to convicts who can afford the devices, that sort of arrangement isn't unusual. Fralick said in other states, such assessments are used either to pay for device installations, or for administrative costs.
A press release on the Intoxalock website says that interlock devices reduce repeat offenses by 64 percent.
Even though New York's installations are expected to jump from 2,500 to 25,000 under Leandra's Law, Fralick said his company is prepared -- already ramping up production -- to handle the increased business.
The cost for a convicted drunken driver, will exceed $1,000. On each car, the convict will be required to pay $65 per month, plus $19 to Bill's Auto for monthly inspections, and $112 for the initial installations and $40 to have it removed once the monitoring period is over.
Fralick pointed out that the cost is a lot less than the $10,000 to $15,000 a second DWI conviction would cost the driver.
Fralick doesn't expect county taxpayers to take on the cost of installation and monitoring of the devices. He said it's already New York law that the manufacturers provide the devices for drivers who can't provide them. And negotiations are under way to create an assessment on those drivers who can afford the devices, to pay for those who can't.
In all, 47 states have some type of law requiring interlock devices, Fralick said.
In related news, the county's Ways and Means Committee passed a draft resolution Wednesday asking the State Legislature to amend Leandra's Law to give local court judges discretion on whether a convicted drunken driver would be required to install interlock devices.
It's about time someone has
It's about time someone has come out with this, it was no hassle to drink as much as they want and then get their stupid a__es in trouble! I hope they are inconvenienced !! They should be thankful they got a 2nd chance at a license again.
"It’s going to be a hassle."
"It’s going to be a hassle." Truer words have never been spoken. If I were Bill, I would just say no.
I'd be interested in what the
I'd be interested in what the locking units will cost and the price of monthly inspections. It's the least these DWI people can do! If they can't control themselves, then I have no sympathy for them.
Janice, "On each car, the
Janice, "On each car, the convict will be required to pay $65 per month, plus $19 to Bill's Auto for monthly inspections, and $112 for the initial installations and $40 to have it removed once the monitoring period is over."
It will be interesting to
It will be interesting to learn who is absolved by local judges. Giving a friend a break doesn't make our roads any safer.
If a driver is irresponsible enough to drive, under the influence, with children in the car what crystal ball does a judge have that says it won't happen again.
So, if the judge determines
So, if the judge determines that the person can afford to pay, they have to, if not, the manufacturer pays. That's not fair, if you can't pay, you can't drive. How much of a deterrent is it going to be if it's not causing any pain? Will embarrassment do it? I doubt it.
Bea, are you saying our
Bea, are you saying our judges are corrupt?
The aspect of the law we're talking about, btw, has nothing to do with children are in the are. It covers ALL DWI offenses.
One thing probation director Julie Smith has talked about is the fact that all probation directives and levels of punishment and supervision are evidence based, meaning based on statistical study over the course of history of criminal science, recommendations.
The reason some convicted drunken drivers are placed on probation and some on conditional release is based on a statistically validated evaluation of each individual. The people placed on conditional release are statistically determined to need less supervision.
This law flies in the face of making such fact-based evaluation and puts all people convicted of DWI in the same supervised boat. If I understood Smith correctly when we spoke after the Ways and Means meeting yesterday, she's concerned that could have a negative effect on people who simply don't require that level of supervision.
To me, there is to this a real localist angle/concern -- once again Albany is imposing on local jurisdictions impositions and decisions that local communities should be able to make their own determinations on.
Dave, one problem is "can't
Dave, one problem is "can't pay don't drive" that was raised in Ways and Means yesterday -- what about the spouse?
Set aside for a minute issue of violation of due process by requiring a spouse to blow into a tube, to tell an indigent driver, "well, then, you can't drive at all," he's still going to have access to cars.
We see in "Police Beat" several times a week arrests for "aggravated unlicensed operation." How many of these people do you think lost their license for DWI? I'm betting a lot.
If people can't afford the device, do think they're just going to stop driving because the judge told them they couldn't drive anymore at all unless they got the device?
These devices, as I understand, go in all cars owned or operated, by a DWI person, whether that person's license is suspended/restricted or not. In other words, you may be a suspended license and not be allowed to drive at all, but you must still get this device in your car and your spouses car, just in case you're tempted to drive.
Which is where this law flies in the face of statistically validated probation programs -- because, while we read about a seemingly good amount of "unlicensed operation" arrests, statistically, according to Sheriff Maha, only about 1 in 10 people put on conditional release for DWI violate the terms of their conditional release.
So once again, we're seeing legislative overkill from Albany driven by an emotional response to a tragedy, rather than cool, reasoned, non-emotional consideration of changes in the law.
So someone that was convicted
So someone that was convicted 5, 10 or 20 years ago will have to get these for at least 6 months? Or is it new convictions or all felony DWI offenders. Maybe I am slow this morning.
Dave, If the company
Dave,
If the company (Intoxalock) does not like the arrangement, they don't have to sell them in NY. They know the law, and sent representatives here to sell them, so they must believe that in the end, they will make a profit.
Paul, it is for NEW
Paul,
it is for NEW convictions only...everybody who gets a DWI from now on will get one of these neat little devices for any car they have access to!!
Hadn't had my coffee yet,
Hadn't had my coffee yet, thanks Gary. The 300- 400 number is expected DWI convictions for the county this year.
John, when I spoke with Brad
John, when I spoke with Brad Fralick yesterday, he talked a good deal about how all the interlock device companies are growing like mad. They're all hiring aggressively even in a down economy.
None of these companies are publicly traded, but if they were, I bet their stock prices would hit a "dot com" kind of crazy evaluation.
New York isn't the only state aggressively going after requiring these devices, and the issues faced here are not unique to New York.
These companies know exactly what they're getting into.
Paul, the story should read
Paul, the story should read (my mistake) 450 to 500 anticipated installations per year (the number we used in our first story). The number is based on about 360 DWI convictions per year in Genesee County, and then multiplied 1.5, and now that I actually do the math, that would be 540 per year.
Fralick said yesterday that states tend to greatly overestimate the actual number of installations, which he said is a good thing, because everybody gets geared up accordingly and then the system can actually better handle the true number.
John; I'm quite sure the
John; I'm quite sure the manufacturer will be making a profit. I wish I sold a product that someone was mandated to have by the government. My issue is fairness, why should some people have to pay and others don't. Howard, I would not be happy if my wife or son got a DWI and I had to pay to have these things installed in my car, not to mention the hell to pay if I got one and my wife had to do this. I'd need a new couch and no money to buy it with!!!
"Fralick said yesterday that
"Fralick said yesterday that states tend to greatly overestimate the actual number of installations, which he said is a good thing, because everybody gets geared up accordingly and then the system can actually better handle the true number."
Isn't the ultimate goal here to have less DWI arrests?
Dave, you've got to wonder
Dave, you've got to wonder what sort of material strife this law is going to cause in situations where it might not otherwise have been that bad.
That's one reason this law is just so bad -- the majority of first-time DWIs are just mistakes by good people, and they'll pay their fines, learn their lessons and never be a problem to society again. But now you're potentially making matters worse for them, which could have all kinds of negative and unwanted reverberations for society.
Because of legislative overkill.
Howard, in this county, if
Howard, in this county, if you have a low number county plate, the prospect of you being stopped, let alone ticketed, is mighty slim.
I'm sure it is the same elsewhere, too.
I'm not saying the judges are corrupt. Most likely there are people, who should be ticketed, who will never stand before a judge because of their connections.
Yeah, if a guy's already
Yeah, if a guy's already indigent is the state going to pay for his divorce? Assuming, Howard that you meant "Marital Strife" not "material"
Hmmm.....with the addition of
Hmmm.....with the addition of the interlock device, how many drivers will now plead guilty to DWI? They will either negotiate to a lesser offense or request a jury trail.
If prosecutors won't accept a lesser offense, the courts will be full of DWI trails.
Julie Smith called and said
Julie Smith called and said I've been using the terms "conditional release" and "conditional discharge" interchangeably, and they actually mean two different things.
Conditional release is when a person gets a year or less in county jail and after serving a portion of the time, petition the court for a release.
Conditional discharge is a sentencing mechanism where the court imposes restrictions on the individual, but does not put them on probation (I believe conditional discharge is supervised by Genesee Justice).
The interlock-device law applies only to probation cases and conditional discharge cases, not to conditional release cases.
Bea, in your first comment
Bea, in your first comment you said, "It will be interesting to learn who is absolved by local judges."
Now you say it's the cops who are corrupt.
Which is it? Or both?
To be relevant to what the legislature is asking for, letting the judges decide, whether the cops arrest somebody or not is immaterial because such cases will never reach the judge with or without this law.
The subject of the judges in
The subject of the judges in the county made me flashback 25 years ago. A local judge was noted by yours truly stumbling and falling out the door from a local restaurant. Not only did an officer help him to his feet, he followed him home! The same treatment would not have been given to anyone else in the same situation.
I'm assuming the same laws
I'm assuming the same laws will be implimented for those Judges, Lawyers, Law enforcement, City Officials, County Officials, Teachers, Principals, and Politicians with DUI's. I'm assuming, that these costly devices will be installed in their vechicles, and that they will also be made to pay the same. Its all about exposing all that are charged and convicted right? Well then I'm assuming it will be fair for all, no inside favors, no letting them go home, and no following them home, no secret pull-overs that are never mentioned again, no officials wives being pulled over and let go when the drop names. Howard it happens all the time. Hellooooooo
Google James Dys. Then Google
Google James Dys. Then Google Jimmy Dys. He is a judge for the town of conesus who is charged with DWI. If you google Jimmy Dys, and look for a link to rochesterbuzz, you can see pictures of the car this guy was trying to flee the scene of a hit and run...not once but twice.
I understand it is a "good
I understand it is a "good idea", but it is getting to point you can do anything in this state. This is just another way for the state to make money off of us already broke New Yorkers without calling it another Tax.. & yes you shouldn't Drink & Drive...
I believe an enterprising
I believe an enterprising individual will come up with a safe, easy and inexpensive device to override the intoxalock, that is if their isn't a product already available on the internet.
It would have to be something
It would have to be something that isn't detectable by the computer and not visible on monthly visual inspections.
But anything that relies on computers is potentially hackable.
The drunk-driving penalty
The drunk-driving penalty should require the guilty party to purchase and install the units, themselves- in the rain.
Seriously, if an interlock is available- at all; it should be costly to the drunk driver not the public. For instance: if a driver is convicted of a second drunk-driving offense, his/her license should be suspended for 6 months OR upon payment of a $10,000 fine be permitted a conditional license predicated on installation of an interlock. That scenario is just and provides revenue to cover the cost of the device, installation and monitoring.
Bea, What is a "low number"
Bea,
What is a "low number" county plate? Do you have an example?
http://www.youtube.com/watch?
http://www.youtube.com/watch?v=3N01v-VCpYw&feature=related
This is how you get a false positive on a Breathalyzer.
Apparently the low-number
Apparently the low-number license plate privilege wasn't just a local thing:
http://www.boston.com/news/local/startsandstops/blog/2006/06/the_lownum…
I had no clue about this low
I had no clue about this low number licenst plate thing. I want one!
Beth, lots of luck getting a
Beth, lots of luck getting a low number. The closest I ever came to it was a BA333.
CM, The low number link you
CM,
The low number link you have is for a state wide lottery to get the low number, and in another state.
Bea stated there is a "County low number". I would like to know of an example of one that is not a government car or a vanity plate that anyone can buy.
John, you honestly don't know
John, you honestly don't know about the low number county plates.
Watch the cars as they pass you. If you see a low county plate, check to see who is driving.
As I said, the lowest I ever got was BA333, and that is when I worked for the county. That wouldn't be low enough for me not get pulled over, but as C.M.'s link to the story mentioned, those low plates require hand holding if needed.
Posted by bud prevost on April 22, 2010 - 10:14am
The subject of the judges in the county made me flashback 25 years ago. A local judge was noted by yours truly stumbling and falling out the door from a local restaurant. Not only did an officer help him to his feet, he followed him home! The same treatment would not have been given to anyone else in the same situation.
Exactly.
Bea, So you're saying that
Bea,
So you're saying that the local DMV keeps a stock of low number plates for certain people?
I am not talking about vanity plates, but regular issue ones.
And again, the link CM had relates to is a state wide Lottery for low numbers in Massachusetts. Key word is "lottery".
John, I can't match any
John, I can't match any current officials with their license plates, but as a kid I noticed that Bergen's town supervisor and a few other officials had one or two-digit license plate numbers- unlike everyone else. Over the years, the low-number connection became more obvious. Apparently I don't spend as much time looking at license plates anymore.
The Massachusetts article is about a lottery. It is also written tongue-in-cheek. If you overlook the writing style, you will discern that well-connected people get low number plates and expect to be identified as deserving of certain privileges. The lottery is for unclaimed low numbers- available to those who want to claim the privileges reserved for the well-connected.
CM, I accept that in years
CM,
I accept that in years past, low numbers were given to some "special" people. But with the start of vanity plates, I don't see that anymore.
Bea makes it sound like that certain plates are given to special people. I just want her to back it up.
That is separate from the other issue Bea had, of favoritism by judges and the police in who gets pulled over, ticketed or convicted.
John, Ask people who work for
John,
Ask people who work for the county or city how they got their low number plates. They request them and their requests are honored long before the average citizen.
You don't have to have a county vehicle in order to have a low county plate number.
Vanity plates are different. They are purchased and really hold no equity when receiving special treatment by law enforcement.
I still maintain that a low county plate number is far more advantageous than any misguided belief that a decal, on a car window, indicating that one donates to the NYS Troopers, etc. will somehow make a difference on whether you get stopped or not.
I have friends who put
I have friends who put D.A.R.E. (Drug Abuse Resistance Education)stickers on their car, to fool the police. If I were a cop I would pull over anyone I saw with a D.A.R.E. sticker and take their stash.
When I was 17, I used to go
When I was 17, I used to go to a punk nightclub in Downtown San Diego called the Skeleton Club. No drinking. Just punks slam dancing.
It was kind of cool thing among my group of punks to display the American flag -- as punks, we considered ourselves anti-hippie and that was kind of a rebellion against our older hippie brothers.
About this time, the band The Police had just come out with their first album. At an Elvis Costello concert, somebody had stuck a "Support The Police" bumper sticker on my car windsheild, so I put it on my bumper.
One night I left the Skeleton Club and forgot to turn on my headlights. I was immediately pulled over by a patrol unit.
I didn't get a ticket. Or hassled. I also figure between the "Support The Police" bumper sticker (I'm sure he hadn't heard of the band yet) and the American flag on my car antenna, he sized me up as a straight-laced kid Not far from the truth -- I never got in serious trouble -- but certainly at the time had some anti-authoritarian ideas.
Bea, I did ask. Anyone can
Bea,
I did ask. Anyone can get one.
If you want one of the "low number" plates, all you have to do is ask. You might not get the number or letters you want because it's already out, or somebody asked for it ahead of you.
But you can go the Genesee County DMV, today, and get one. Cost: $25.00. If you want one, you might want to wait until you have to get the new gold ones so you don't have to pay twice for the same number. And if you have a low number plate now, and want to keep it when you have to get the gold plate, you pay the State an extra $20.00 fee.
I also talked with one person who has a very low number. He told me has has received 2 traffic tickets over the years and his low number didn't mean a thing to the local City police who gave them to him.
I have a novel idea for not
I have a novel idea for not getting the interlock device-DON'T DRINK AND DRIVE!!!!!! It's a very expensive lesson to be learned.
Bob: The current law would
Bob: The current law would require the interlock device on all vehicles in the household that are accessible to the convicted person; so not drinking and driving would not necessarily preclude you from being required to have one installed. Divorce would be a more novel idea for not getting an interlock device.
I am by nature, a skeptic,
I am by nature, a skeptic, believing that anything that sounds too good to be true generally is not true. There seems to be a lot of unanswered questions regarding the Intoxalock system, so I did a little research.
I found an interesting criminal court case where a defendant had an Intoxalock system installed in his car, yet was arrested for DWI. Surprisingly, not for the reason you might think.
After attending an out-of-town concert, the defendant knew he was over the legal limit to drive...so he didn't. He didn't even blow into the unit to attempt to start his car. So far, it sounds like it worked as a deterrent.
He was unsuccessful in trying to secure a hotel room for the night, so he decided to sleep in his car. A police officer tapped on his car window to investigate. He displayed all the signs of intoxication, so he was arrested for DWI because he was in his car, had access to his keys, and was presumed to have control over the vehicle.
His defense was that he had an Intoxalock system installed in his vehicle, so he didn't have control over the vehicle because he would not have been able to start it.
Here's the most interesting part:
A representative from Intoxalock testified as an expert witness for the prosecution:
"Here we must determine whether the installation of an Intoxalock device precludes a finding that Howie was in physical control of his vehicle. While Howie argues that the Intoxalock would have prevented him from starting his car, testimony established that the device is not foolproof. For example, the expert witness from the manufacturer admitted there are several ways to bypass an Intoxalock system, allowing an intoxicated person to start a vehicle fitted with the device. The only immediate consequence of bypassing the system is the recording of an "unauthorized start" on the Intoxalock data log."
"Because the record establishes that the Intoxalock could be bypassed, we must conclude that Howie could have operated his vehicle. The district court thereby properly determined that Howie was in physical control of his vehicle."
This raises doubts in my mind as to the effectiveness of this program.
When it does in fact work as a deterrent, and an intoxicated person makes the right choice NOT to drive, the system does not support that decision.
My bigger concern is that we will be lulled into a false sense of security that our roads will be safer with these devices installed; as evidenced by the testimony of Intoxalock that there are several ways to bypass the system.
Safer roads is the goal here. I'm just not sure that this is the right solution.
you buy all my beer at the
you buy all my beer at the bar/club friday night, i'll help you start your car saturday night. awesome. friday night is now on the "Empire" state. cheers to Emperor Patterson! ;)