Ignition interlock maker refutes “false positive” claims in Judge Astacio case

13 WHAM

By Jane Flasch

February 9, 2017

Rochester, N.Y. (WHAM) – At a hearing next month, the attorney for Rochester City Court Judge Leticia Astacio is expected to argue she is innocent of new allegations involving the interlock device placed on her car after her DWI conviction last August. He has said publicly the device failed when it measured alcohol as she drove last month.

Yet a manufacturer of interlock devices says that’s not likely. Brad Fralick of Intoxalock says the devices are accurate to five-thousandths of one percent (0.005) to prevent false readings. He told 13 WHAM’s Jane Flasch there could be another explanation but says even that doesn’t clear a potential violation.

Fralick arranged a demonstration Thursday at Vargas Auto Repair and Collision in Rochester.

Mechanic Vinnie Coons demonstrated the deep breathing technique that must be used to breath into a device in order to unlock the interlock.

“It’s about three seconds to blow out then breath in and blow again until the hand-held vibrates,” Fralick said.

Within seconds, the device registers zero alcohol and Vinnie is able to start the car and drive. Yet it only gets him about as far as the end of the parking lot. At that point: another beep. It’s time for a rolling re-test.

“In about five or ten minutes the device is going to request another test,” said Fralick.

He says the re-tests will continue to come up at random intervals.

“They never know when a test is coming up,” Fralick said.

Prosecutors say it was during a request for a rolling re-test on January 12th that Judge Astacio registered an alcohol level of .051 which is considered legally impaired. Even if it was under the legal limit, it would be a violation because it is a condition of her sentence that she not drink alcoholic beverages.

Her attorney Ed Fiandach said the follow-up test read “clear” of alcohol, concluding it was a “false positive.”

Noting the accuracy levels of the devices, Intoxalock’s Brad Fralick offers a different explanation.

“Usually what’s to blame is some sort of breath spray or mint or mouthwash that contains alcohol,” Fralick said.

Again Vinnie Coon agreed to demonstrate. After vigorously rinsing with mouthwash, he blew into the interlock device again. It responded with a long beep, then responded “failure” in flashing lights.

But it would not take long to get a clean followup reading.

“Unlike a beverage that has to be metabolized this evaporates quickly,” said Fralick.

But Fralick says a mouthwash reading doesn’t necessarily let the judge off the hook.

Astacio’s daughter originally blew into the interlock device January 12 to start the car. The law required the judge to shut off and reactivate the interlock before switching places and getting behind the wheel, which prosecutors say she did not do.

Astacio will be back in court on March 3.