NY Requires Interlocks and Imposes Increased Penalties on DWI Offenders
On August 15, Leandra's Law -- also called the Child Passenger Protection Act -- went into effect.
October 31, 2010
On August 15, Leandra's Law -- also called the Child Passenger Protection Act -- went into effect. Leandra's Law is named for 11-year-old Leandra Rosado, who died last October after she was thrown from a car driven by a drunk driver.The law requires that those convicted of drunk driving, including first time offenders, install interlock devices in their vehicles. The interlock device is a breath test that disables the ignition of the vehicle if it detects a trace of alcohol.
According to statistics from the Insurance Institute for Highway Safety (IIHS), locations that require interlock devices have reduced alcohol related traffic violations by 64 percent during the first year of use. The state of New Mexico experienced a 30 percent decrease in driving while intoxicate (DWI) convictions and a 38 percent reduction in fatalities -- these reductions are attributed to the implementation of an interlock law -- between 2002 and 2008.
Leandra's Law also imposes stiffer penalties on those who are convicted of driving while intoxicated if the offenders are transporting a child 15-years-old or younger in the vehicle at the time of the violation. This is a Class E felony and offenders will face one to four years in New York prison and a fine of up to $5,000 if convicted. If offenders injure or kill a child passenger, the penalties will increase.
If you have been arrested for drunk driving, contact an experienced criminal defense attorney. An attorney can help you understand the penalties that you face and the options you have for defending against the charges.
Article provided by Colwell, Colwell & Petroccione, LLP
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