Leandra's Law Requires Ignition Interlock Device for DUI Offenders in NY
The State of New York has recently passed a tough new DUI Law entitled Leandra’s Law. This will mandate the use of the breath alcohol ignition interlock device for all New York DUI offenders, unless a judge makes specific findings that the DUI offender has no prior record of alcoholism. In Massachusetts, Senate Bill 1925 will dramatically strengthen Melanie's Law by requiring Massachusetts DUI first offenders to use the device as well. However, there will be no exceptions to the mandatory interlock requirement here.
In addition to requiring the use of the interlock device, Leandra’s Law increase the DUI penalties for commiting a DUI with a child passenger in the vehicle, and DUI while causing injury to a child passenger. Massachusetts already has laws which severely punish those who commit these offenses.
Leandra’s Law has been touted as one of the toughest DUI laws in the country. However, our Legislature may increase Massachusetts DUI penalties with the enactment of DUI laws which are being considered at the Statehouse.
Do tougher DUI laws make for less incidents of violation?
I don't think it does from what I see down here in Pennsylvania DUI cases. I would like to hear about your experience.
It seems to me that DUI is not a crime of extreme premeditation. What I mean by that is that people who are truly guilty and commit the offense did not plan on committing the offense in the first place by and large, but either due to situations beyond their control or an error in snap judgment, there they are. Stated differently, I don't know many people who wake up in the morning look in the mirror and say "Hey, I'm going to commit a DUI today." This is to be juxtaposed with a bank robber for example who plans sometimes for days or weeks.
As such, these types of crimes like DUI do not yield themselves well to tough mandatory minimums because the theory behind the use of mandatory minimums is to act as a general deterrent to committing the crime in the first place. In my experience, they fail and they do not even act as a specific deterrent (meaning a deterrent to that particular person) under the typical scenario.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney