Defendant pleaded guilty to driving while intoxicated (DWI). The City Court, Jefferson County, New York Court noted that the sentencing of the Defendant under Leandra’s Law stems from New York’s failure to establish determinate ignition interlocking costs.

Under Leandra’s Law, all first-time misdemeanor DWI offenders in New York must install ignition interlock devices in every vehicle they own or operate for at least six months. New York DWI offenders must pay for the installation and maintenance of the ignition interlocks. However, the court noted there were numerous defects in the law “imperiling its constitutionality.”

It found the New York Legislature’s failure to statutorily fix the interlock’s costs presented significant due process issues. Such ambiguity required invocation of the rule of lenity—a statutory construction doctrine protecting defendants against ambiguities informing the scope of and punishments required by criminal statutes.

The court stated as New York lawmakers failed to provide constitutionally required notice of the fine amounts, lenity forbids the court from ordering New York DWI defendant to finance the installation and maintenance. of ignition interlocks.

Accordingly, the court invalidated the requirement that DWI offenders obliged to drive interlocked cars must install an interlock in every car they own or operate. Instead, they need only install the ignition interlock in any car they operate.

If you’ve been arrested for DWI ,give me a call at 716.542.5444, or 800.729.4571 if the call is long distance.