Given the stakes, you'd think he'd take the conditions of his pretrial release seriously, no? Apparently not. He was arrested and jailed today after a judge revoked his bond, because a Breathalyzer unit attached to his car's ignition recorded that he had consumed alcohol at least four times since it was installed last April.
Leyritz's lawyer, J. David Bogenschutz, admits his client consumed alcohol but claims he had permission:
Bogenschutz said that as part of Leyritz's pretrial release, he initially had to submit to multiple daily alcohol tests on a home device. That order was changed in April 2008, allowing Leyritz to drive but only if the breath device was installed in his vehicle.This is where things get weird. The prosecution admits that the officers were misguided with their advice but still wants the court to hold Leyritz responsible. Yes, it's unfortunate he got some sketchy legal advice, but it's mind-boggling that he wouldn't already know the exact terms of his release, especially since he already tried and failed to get the device removed from his car last November. (His rationale? It was "bothersome" not being able to use valet service at restaurants or order dishes like chicken Marsala that might result in a false positive.)
At that point, according to Bogenschutz, officers charged with monitoring Leyritz told him they would no longer be supervising him.
"So he believed at that point, because he now had a machine in his car, it was OK to drink, but that he's just not going to be able to drink and drive because the car is going to turn off," Bogenschutz said.
Furthermore, it's patently offensive to think that someone who's already killed a person while driving under the influence felt justified even trying to drive after having a drink, regardless of whether a device attached to his car allows him to start the ignition. Alcohol is responsible for the worst thing that's ever happened to him and the family that lost a wife and mother -- at what point does he realize a couple of beers or a glass of wine is no longer worth it?