On July 24, 17 year old Charlotte college student Laura Fortenberry was killed in a car accident involving a drunk driver. The alleged drunk driver, Howard Clay Pasour, is a habitual drunk driver. In addition to his 2 prior DWI convictions, he has multiple prior convictions for possession of drugs and drug paraphernalia.
What is Leandra's Law?
Signed into law in New York State on November 18, 2009, Leandra's Law is also known as The Child Passenger Protection Act. Effective December 18, 2009, this New York law makes it a felony to drive while intoxicated (.08 Blood Alcohol Content or more) with a child passenger under the age of 16 in the vehicle, and is punishable by up to 4 years in prison. The prison term goes up to 15 years if the child passenger is seriously injured, and 25 years if the child passenger is killed. The law further requires that the offending driver be reported to the Statewide Central Register of Child Abuse and Maltreatment.
So far, the law seems to be working. The New York Daily News recently reported that in the 7 months since the enactment of this portion of Leandra's Law, 248 drivers have been arrested on felony charges for driving while impaired with a child under the age of 16 in the car.
So, if North Carolina had this law, would it have prevented the needless death of this Charlotte college student?
Yes! The second part of Leandra's Law in New York, which goes into effect on August 15, 2010, requires that anyone convicted of drunk driving, including first offense, regardless whether misdemeanor or felony conviction, to install an ignition interlock breathalyzer device that will not allow the car to start if it detects a threshold level of alcohol on the driver's breath. It further provides a "rolling test" within 5 to 15 minutes in order to prevent a sober friend from doing the test and then the drunk driver take the wheel. Some units will even be equipped with cameras that photograph the driver. The breathalyzer is in place for a minimum of 6 months. Meaning, on a repeat offender such as Pasour, it would likely be in place for a prolonged period of time. Currently, a judge in North Carolina can choose to seize the vehicle of a habitual drunk driver, but obviously that did not happen in this case. Had Pasour's vehicle been equipped with an ignition interlock breathalyzer device, he would have been prevented from driving drunk and this tragedy would have been avoided.
If North Carolina had a law in place such as New York's Child Passenger Protection Act, Laura Fortenberry might still be alive today.
The car accident attorneys at Auger & Auger are licensed to practice law in both North Carolina as well as New York.
