Leandra's Law - the Child Passenger Protection Act - signed into law approximately one year ago by Governor David Patterson, is aimed at keeping children safe by increasing the penalties for those adults that do not. Signed into law December 18, 2009, Leandra's Law increased the penalties that those accused of driving while intoxicated (DWI) may face if a child under the age of 16 is also in the vehicle.
Leandra's Law is named in honor of Leandra Rosado, a young girl who was fatally injured when the vehicle she was riding in overturned. The driver of the vehicle was intoxicated at the time of the accident.
New Penalties
With the signing of Leandra's Law, Governor Patterson and the New York Legislature increased many of the penalties associated with DWI:
- All drivers charged with DWI will have their driver's license suspended until prosecution
- First time offenders of DWI (.08 BAC or higher) or driving while impaired by drugs with a child under the age of 16 in the vehicle may be charged with a Class E felony and face up to four years in prison. Previously, this offense was a misdemeanor treated as a traffic offense.
- An intoxicated driver who fatally injures a passenger in the vehicle under the age of 16 may be charged with a Class B felony and could receive a sentence of 25 years in prison
- A drunk driver who severely injures a passenger in the vehicle under the age of 16 may be charged with a Class C felony and could receive a sentence of 15 years in prison
- A parent, guardian, custodian or adult legally responsible for a child who is a passenger in the vehicle at the time the adult is arrested for DWI will be reported to New York's Statewide Central Register of Child Abuse and Maltreatment
- All drivers convicted of DWI - regardless of whether or not a passenger under the age of 16 was present - will be required to install in all of their vehicles an Ignition Interlock device at their own expense for no less than six months, in addition to any other penalty received
It is important for drivers who are accused of DWI to seek legal representation, but critical for those accused of violating Leandra's Law. An experienced criminal defense attorney can protect your legal rights.
