A Review of Recent Leandra's Law DWI Arrests

November 19, 2010

New York's tough new law on drunk driving, Leandra's Law, has largely been in effect since December 2009. Leandra's Law increases penalties for offenders who are convicted of DWI with a child in the vehicle, in addition to heightening the requirements for driving after a DWI conviction.

Since the law was passed, numerous New York drivers have been arrested and charged with felony DWI.

Overview of Leandra's Law

Leandra's Law, formally known as the Child Passenger Protection Act, was signed into law by New York Governor David A. Paterson in November 2009. The law is named for 11-year-old Leandra Rosado, who was killed when the drunk driver lost control of the car in which she was a passenger.

Leandra's father fought to increase the legal consequences for people who drive drunk with children under 16 in the car. Since the law has been on the books, New York police have aggressively pursued drivers perceived as violating the new law.

Recent Leandra's Law Arrests in New York

A large number of DWI arrests under Leandra's Law have occurred in recent months. New York DWI arrests in September and October include:
- A 40-year-old driver from Attica was arrested in Batavia and charged with felony DWI under Leandra's Law. He was allegedly driving drunk with a 2-year-old and a baby in the car.
- A 46-year-old Albion woman was arrested with a 0.33 blood alcohol content (BAC). She was charged with a felony under Leandra's Law because she had a 2-year-old passenger in the vehicle. The 2-year-old's intoxicated mother was in the front passenger seat of the car and also may be charged with a crime.
- A 24-year-old woman in Clinton County was arrested for DWI, suspected of driving under the influence of marijuana. She had a 5-year-old in her car and was charged with aggravated DWI under Leandra's Law.
- A 37-year-old man was arrested in St. Lawrence County with a BAC of 0.14. The man was driving with three passengers, all under age 15. He was charged with three felony counts of aggravated DWI.
- A 39-year-old mother from North Massapequa was arrested in Nassau County after she crashed her SUV. She was charged with felony DWI because her 12-year-old son was in the car with her.
- A 38-year-old Poughkeepsie man was arrested in Town of Lloyd and charged with felony aggravated DWI because he had a child in his car.

Clearly, police are actively using the provisions of Leandra's Law to charge suspected drunk and drugged drivers who have children in their vehicles.

Possible Penalties Under Leandra's Law

The penalties faced by people charged under Leandra's Law are stringent. Possible penalties include:
- Up to four years in state prison for first-time DWI offenders (0.08 BAC or drug intoxication) who were driving with a passenger under the age of 16; this is a felony
- Automatic license suspension pending prosecution for such defendants
- Installation and maintenance of an ignition interlock system for at least six months for all misdemeanor and felony DWI offenders
- Up to 25 years in state prison when a child passenger under age 16 dies in a DWI crash
- Up to 15 years in state prison when a child passenger is injured under similar circumstances
- Reporting by arresting agency to Statewide Central Register of Child Abuse and Maltreatment

The stakes are high for drivers who have been arrested and charged under Leandra's Law. If you are facing severe penalties under the new law, contact an experienced New York DWI attorney as soon as possible.

Article provided by Tom Anelli, The DWI Guy
Visit us at www.anellilaw.com