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authorize punishment for violating the terms of a conditional discharge and probation," Budelmann said. "I think we assumed the normal provisions would apply — up to the maximum exposure." On Tuesday, Zirbel was restored to probation following an appeal by assigned defense attorney David Elkovitch. Elkovitch successfully argued that Zirbel "maxed out his underlying time" and could not be sentenced to additional prison time for the violation. "We agree with defendant that the court lacked the authority to sentence him to more prison time after his initial term of imprisonment was completed," the Appellate Division said in its decision . Knowing this, Adsit said the courts now have two options when a DWI offender violates their post-release supervision: they can restore the defendant to probation or conditional discharge or they can terminate the probation or conditional discharge. If terminated, the offender would no longer need an ignition interlock device or supervision. In Manwaring's case, the probation department asked the court to revoke the defendant's probation as Manwaring made it clear he would not comply with the terms. However, Judge Mark Fandrich said he was inclined to restore Manwaring to keep the ignition interlock device on his vehicle. Driving a vehicle without an interlock device is a class A misdemeanor punishable by up to one year in jail. "Probation feels it is a waste of their valuable and limited time to even supervise these people ... since the court cannot even put them in jail (for a violation)," Adsit said. "Other than personal integrity, there is no reason such DWI defendants who already served jail or prison time to comply with probation. That becomes a personal safety issue for probation officers and a public safety issue for everyone." Budelmann said his office has reached out to the state district attorney's association and Mother's Against Drunk Driving to push for changes in the law. At this point, he said, the Legislature has two options: to get rid of post-release supervision and ignition interlock devices — which would be a "horrible idea" — or to make it so courts can impose incarceration for those who violate their conditions. "They've made this good, groundbreaking law (Leandra's Law) ...
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