WASHINGTON 鈥� After facing years of criticism, the passage of Noah鈥檚 Law in 2016 was supposed to show that Maryland lawmakers took drunken driving seriously and were willing to impose stronger sentences.
But now advocates are growing frustrated that the law may not be having the impact it was supposed to thanks to a loophole that allows some people to walk out of court with minimal sentences.
When Gov. Larry Hogan signed The Drunk Driving Reduction Act of 2016, or Noah鈥檚 Law, it was widely thought anyone caught driving under the influence would have to get an ignition interlock put on their car, even on the first offense, just like several other states have implemented.
The devices, which come with Noah鈥檚 picture on them in Maryland, require you to pass a breathalyzer before you start your car and subsequently again at random times as you drive.
But a key phrase in the way the law was written left open a big loophole.
鈥淭he law initially had in it that it was upon arrest that a person would get an interlock,鈥� said Rich Leotta, the father of Montgomery County Police Officer Noah Leotta, whose death at the hands of a drunken driver inspired the law.
鈥淎t the last minute, the last half-hour, what people didn鈥檛 know is they changed that so it was upon conviction.鈥�
As many Maryland drivers who have gotten a ticket for one reason or another know, the state can be very lenient on people who show up to court with otherwise clean driving records.
Lots of people can be seen leaving traffic report with a sigh of relief after pleading 鈥減robation before judgment鈥� and learning that a speeding ticket or blown stop sign will disappear from their records if they don鈥檛 get pulled over again during a set period of time.
But the 鈥減robation before judgment鈥� law also applies to people caught driving drunk.
鈥淲hat is happening, and it seems to be relatively pervasive throughout the state of Maryland, since they have that discretion, many judges are just giving probation before judgment, a ‘PBJ,’ without any consequences,” Leotta said.
He called the penalty “a slap on the wrist” in this situation.
Prosecutors said they are frustrated too.
鈥淲e do see a lot of probation before judgment,鈥� said Prince George鈥檚 County State鈥檚 Attorney spokesman John Erzen, when asked about sentences handed down to first-time offenders.
鈥淚t鈥檚 something that a lot of times we object to,” he said. “We would like to see people held accountable.鈥�
While acknowledging there might be isolated cases where a 鈥淧BJ鈥� could be appropriate when it comes to DUIs, Erzen also calls Noah鈥檚 Law a critical tool that can help reduce roadway fatalities.
鈥淚t鈥檚 judges鈥� discretion,鈥� Erzen said. 鈥淲e favor the conviction and the enforcement of Noah鈥檚 Law because we鈥檙e looking at the whole picture and the opportunity to potentially save a life.鈥�
鈥淭he enforcement side, they鈥檙e doing their aspect of it,鈥� Leotta said. 鈥淏ut when you get into the judicial side, they鈥檙e falling short. Way short.鈥�
Leotta blames the way the law was amended just before it passed.
鈥淭hey have to get to conviction,鈥� Leotta said. 鈥淏ut by giving a 鈥楶BJ鈥� they鈥檙e not getting to conviction and therefore they can evade the usage of an interlock, and therefore they are trampling on Noah鈥檚 Law.鈥�
Leotta stressed he鈥檚 not trying to ruin lives and he doesn鈥檛 think every single drunken driving arrest should end with the driver thrown in jail.
鈥淲hat we鈥檙e trying to do is change their behavior so they don鈥檛 do it again,鈥� Leotta said.
鈥淚 get having the judges to have discretion. Look, I understand about leniency. I get all of that. But having interlock is very lenient. That鈥檚 the whole aspect of it.鈥�
鈥淣oah鈥檚 Law is not being used as the tool that it was supposed to be used for to have more drunken drivers have an interlock,鈥� he added.
鈥淭he judges seem to have forgotten that even with leniency you can still protect the victims and the community by ensuring, as an aspect of the ‘PBJ,’ that you have an interlock installed on the car for a period of time. They need to be doing that.鈥�
On Tuesday, 草莓传媒 will explain what Rich Leotta and other advocates are planning next.
