Leandra’s
Law

Understanding New York Leandra’s Law: What You Need to Know

Leandra’s Law, enacted as New York Leandra’s Law in 2009, has had a significant impact on DWI convictions and road safety. With harsher penalties and an emphasis on protecting children, it is essential to understand the origins, provisions, and implications of this critical legislation.

The Origins of Leandra’s Law in New York

The tragic death of Leandra Rosado, an 11-year-old girl killed in a drunk driving accident in New York City, led to the enactment of Leandra’s Law in 2009. Leandra was a passenger in a vehicle driven by a friend’s intoxicated mother, along with six other children. This heartbreaking incident spurred lawmakers to create the Child Passenger Protection Act, also known as Leandra’s Law, to prevent such tragedies from occurring in the future.

Under Leandra’s Law, driving under the influence of alcohol or drugs with a child aged 16 or younger in the motor vehicle is classified as a felony offense. The Child Passenger Protection Act provides Child Passenger Protection. The Act applies to motor vehicles in New York State, emphasizing the importance of road safety for children. The definition of a “public highway” in the context of Leandra’s Law is significant and should be consulted with a legal professional, especially when dealing with felony drunk driving charges.

Key Provisions of Leandra’s Law: Child Passenger Protection Act

Leandra’s Law, makes it a felony to drive intoxicated with a child under 16 in the vehicle. To be charged with Aggravated DWI under Leandra’s Law, a driver must possess a Blood Alcohol Content of 0.08%, or be under the influence of drugs, when a minor aged 16 or younger is present in the vehicle. This legislation was passed by the New York State Senate to enhance penalties for those driving under the influence with a child in the car and to protect innocent lives from potential harm.

Failing to install an IID is considered a Class A misdemeanor offense and may result in a jail sentence of up to one year. Furthermore, aiding someone in bypassing an IID is also classified as a Class A misdemeanor, carrying a potential maximum jail sentence of one year.

The Severity of Penalties Under Leandra’s Law

Leandra’s Law carries significant penalties, including fines, imprisonment, license suspension or revocation, and potential child abuse reporting. For a first conviction of Aggravated DWI under Leandra’s Law, a driver can be subjected to up to 4 years in a state prison if the child was not physically harmed during the incident. License suspension is mandatory pending the outcome of the court case, and if convicted, the driver’s license will be revoked for up to 1 year. Potential fines for a first conviction can be significant. They can range between $1,000 and $5,000.

Violating Leandra’s Law in New York City is considered a class E felony. It may be punished with a fine ranging from $1,000 to $5,000, and a prison sentence of up to four years. Convicted drivers must face a minimum 12-month license suspension. Additionally, they must install an ignition interlock device in all their personal vehicles for a period of six months after gaining their license.