Leandra’s Law – New York’s Child Passenger Protection Act
In 2009, New York enacted one of the toughest DWI provisions in the country with what is known as Leandra’s Law.
New York Vehicle and Traffic Law §1192(2-a)(b) was named after Leandra Rosado, an 11-year-old girl who was killed in a car accident when the driver of the car in which Leandra was a passenger lost control of the car. The driver had allegedly been drinking prior to the accident.
Leandra’s Law makes driving with a child passenger while intoxicated an aggravated offense
The Leandra’s Law addition to the New York Vehicle and Traffic Law states that operating a motor vehicle while intoxicated with a child who is fifteen years old or less as a passenger constitutes aggravated driving while intoxicated.
This provision applies to all types of driving while intoxicated offenses in New York. That is, it applies to all of the following subsections of New York Vehicle and Traffic Law §1192:
- (2) DWI per se (driving when you have .08% of alcohol in your blood).
- (3) DWI (driving while in an intoxicated condition).
- (4) DWAI drugs (driving while ability impaired by drugs).
- (4-a) DWAI drugs/alcohol (driving while ability impaired by the combination of drugs or of alcohol and any drug or drugs).
Punishments under Leandra’s Law are severe
The possible punishments for a conviction of driving while intoxicated with a child as a passenger include:
- For first time offenders, up to four years in prison.
- Installation of an ignition interlock for at least six months.
- If the child dies in an accident, up to 25 years in prison.
- If the child suffers serious physical injury, up to 15 years in prison.
Get an experienced New York DWAI/DWI lawyer on your side
The penalties under Leandra’s Law are significant.
If you do not already have a New York drunk driving lawyer, ask for our evaluation of your case. Complete the short Case Evaluation Form to the right, or e-mail us at:
Sciarrino & Sciarrino, P.C.
Western New York and Rochester DWI Lawyer
