PLATTSBURGH, N.Y. -
As drivers make their way through any upstate New York street, they're doing so hoping to face no dangers. One obstacle though that no one can control is a person's decision to get behind the wheel after drinking.
It's something that happened in 2009, when eleven-year-old Leandra Rosado was killed after her friend's mother flipped the car after she had been drinking. A tragic accident that prompted lawmakers to crack-down on people who decide to drink and drive.
"This kind of situation might never happen to another parent," said Former New York Governor David Paterson in 2009.
State leaders made it a felony to drink and drive with a child under the age of 15 in the car. Then in August of 2010 leaders made it illegal to drive without an ignition interlock device for anyone for at least six months, no matter if it's someone's first conviction.
But now, more than two years later, local law enforcement are having issues with the legislation.
"I think the public should be aware of it. It's a cause of concern," said Clinton County Probation Director Dave Marcoux.
Marcoux says very few people are using the required device that needs a sober blow before you can start a car. The amount of convicted people that do use them in Essex County is 41%, Clinton County is 30% and in Franklin County, an alarming low number, just 8%.
"There's always ways that people are going to find ways around the law," said Marcoux.
So how are they beating the system? One way is changing ownership, giving their vehicles to another family member because these people only have to put devices on cars in their name.
Another way Marcoux says they're getting around it is claiming they brought their car to a scrap yard and don't have any proof. He says a lot of times the scrap yards don't keep records either, which means they have to take their word, and they get out of installing the device. And the problem is, with little public transportation throughout the North Country Marcoux doesn't believe they're not getting behind the wheel.
"You've got 70% that suddenly they're not driving?" said Marcoux.
In fact, to Marcoux's fear some are. Clinton County District Attorney Andrew Wiley says 10 people who were required to get installs were caught driving without the device, 3 others were trying to tamper with it.
While he knows it's a problem, Marcoux says there's very little he can do.
"We get $23,000 dollars. It's not enough," said Marcoux.
After learning about this shocking information, we wanted to talk to someone who could do something to stop it. So we went to Assemblywoman Janet Duprey.
And like we were, Duprey found herself surprised at what we had discovered.
"There's hundreds of people that aren't getting these devices in their car," said Fox44/ABC22. After conviction?" said Duprey.
"After conviction," said Fox44/ABC22. "Hmm," said Duprey.
Duprey admits she wasn't aware of how few people are getting the devices and how easy it is to get around putting one in.
"You would say clearly there is a problem with this law?" said Fox44/ABC22. "There clearly is," said Duprey.
In terms of giving agencies money, like the Clinton County probation department, Duprey says that's a possibility. But that she says may not be as easy as drafting legislation to try reinforce the law that's already on the books.
"I'm sure it's never going to be enough but we certainly have to make some moves forward to stop the loopholes to enforce the laws that are on the book and perhaps to strengthen the laws or the ability of law enforcement to say if you don't comply with the law, the consequences are incredibly severe," said Duprey.
