It’s the tragic irony of laws named after children the AMBER Alert, Adam’s Law, Amanda’s Law that they come too late to protect the ones for which they are named.
Leandra’s Law is New York state’s latest attempt to protect minors from intoxicated drivers. The law was prompted by a 2009 Downstate motor vehicle crash that killed 11-year-old Leandra Rosado. A family friend who was driving the vehicle was determined to have been drinking.
The law, officially called the Child Passenger Protection Act, enhances the sentence for individuals convicted of operating a motor vehicle with a BAC of 0.08 or greater and carrying a passenger 15 years of age or younger. Under the act, the standard DWI charge is upgraded from a misdemeanor to a felony, punishable by up to four years in prison and a fine of $5,000.
Staff Sgt. Lenny Crouch, administrator of the Albany County Stop-DWI program, said the law has the potential to protect children, however, as yet, none of the cases brought against alleged offenders has been resolved.
`Punishment needs to fit the crime and also needs to be done in a timely manner so people can associate the punishment with the crime,` said Crouch.
The law was passed during November’s special session of the New York State Legislature and went into effect on Friday, Dec. 18. At that time, the Albany County Stop-DWI Program conducted a DWI blanket patrol that would yield nine arrests, including Eileen Joyce, a 52-year-old doctor from Voorheesville, who became the first person in the state charged under Leandra’s Law, just one day after it went into effect.
Joyce was stopped while driving home from a Saturday, Dec. 19, performance of `Wicked` at Proctors with two adult passengers and a 7-year-old passenger ` the daughter of one of the adults in the car. Police said Joyce was stopped after committing a series of traffic infractions along Western Avenue and Route 155. According to police, Joyce failed subsequent field sobriety tests and was arrested for common-law DWI. A chemical test given at police headquarters would place Joyce’s BAC at 0.14.
At the time of her arrest, Capt. Curtis Cox of the Guilderland Police Department said officers have frequently stopped people driving under the influence with children in the car.
`It saddens me to know this will continue even though we put so much emphasis on it,` he said at the press conference announcing the arrest.
Crouch called Joyce’s arrest a `teaching moment.`
`The teaching moment was A.) she’s a doctor, B.) she committed this new crime, and C.), punishment has been meted out,` said Crouch.
However, he emphasized the importance of a timely punishment.
`As time lags on, what happens is people forget about it,` said Crouch. `The effect of the teaching moment is lessened day by day by day.`
Joyce made her initial appearance in Guilderland Town Court Jan. 7, at which time her case was moved to Albany County Court. She was arraigned in Albany County Court Feb. 2, when she pleaded not guilty. Since then no court date has been scheduled.
Since Joyce’s arrest, a number of people in Albany County have been charged under Leandra’s Law, including former Sand Lake Town Supervisor Colleen Regan, who was stopped by State Police on March 13 for speeding on the Northway.
Regan had three passengers in her car, including two children, ages 13 and 4. According to officers, Regan had a BAC of 0.10.
Two recent Leandra’s Law arrests in Albany County occurred Sunday, March 28. State Police arrested Saratoga Springs resident Missy Brewer in Colonie after getting a call that Brewer was seen smoking what appeared to be marijuana. According to state police, a subsequent investigation revealed that Brewer was driving under the influence of drugs with four children ` ages 2, 3, 4 and 5 ` in the car.
Later that night, at about 11:15 p.m., State Police pulled over April R. Keller for a traffic infraction while she was driving with her two children, ages 3 and 11, around the area of Exit 24 on the Thruway. Police said Keller was found to have a BAC of 0.10.
So far, none of the cases involving Leandra’s Law charges have been resolved. Albany County District Attorney David Soares said that the court is currently in the process of accepting motions in the Joyce case.
Unlike Crouch, Soares said that he does not believe the amount of time to elapse will diminish the effectiveness of the new law.
`I don’t know if I agree with due process impeding deterrence,` said Soares.
He said his office is very conscience of time and tries to resolve cases as quickly as possible.
Soares said that when Joyce was arrested, people focused on the fact that she was a doctor instead of the inherent irresponsibility in drinking and driving, especially with a child in the vehicle.
He said the same amount of attention was not devoted to the subsequent arrests of Brewer or Keller.
Crouch also noted that a disproportionate amount of attention was given to Joyce’s case.
`When she was arrested, more people noticed because she’s a doctor, a notable figure,` said Crouch. `We are going to see what happens to Dr. Joyce vs. what happens to these other two [Brewer and Keller].`
According to Soares, people should really be focusing on the child.
`Children really don’t have a choice on whether they get into a vehicle with a parent or an adult,` he said. `That’s the perspective we hope people will see. We want people talking about these issues, we want people talking at the dinner table.`
There are currently seven cases that have been referred to Soares’office for prosecution under Leandra’s Law.
Soares said he hopes the law will send a clear and powerful message to deter people from drinking and driving, especially with children in the car.
`I believe it will have a deterrent effect,` said Soares.
Crouch said the deterrent effect depends on the outcome of the current cases.
`I think once some adjudications are meted out, that’s going to play a major role in what happens,` he said.
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