MADD About New York's Leandra's Law
MADD is advocating to expand the reach of New York's Leandra's Law. If you have been charged under Leandra's Law, turn to an experienced DWI defense lawyer.
December 18, 2011 /24-7PressRelease/ -- Riding in a sport utility vehicle driven by the mother of one of her friends, 11-year-old Leandra Rosado was killed when the SUV crashed on the Henry Hudson Parkway in Manhattan. The driver of the SUV was intoxicated.
As a result of the drunk driving accident, the New York Legislature amended existing NY drunk driving laws (Vehicle and Traffic Law or VTL) in an effort to deter drivers from driving while intoxicated, specifically when children are in the vehicle. Signed into law in November 2009, The Child Passenger Protection Act -- known popularly as "Leandra's Law" -- makes it a felony, along with other penalties, to drive drunk with a child under the age of 16 in the vehicle. The law makes what otherwise would be a misdemeanor charge for driving while intoxicated (DWI) a felony, greatly increasing the penalties faced by the driver if convicted.
Touting the success of Leandra's Law, New York Daily News reports that Mothers Against Drunk Driving (MADD) is now pushing for all states to pass laws similar to Leandra's Law.
MADD national President Jan Withers was quoted in New York Daily News as saying, "[MADD] considers [Leandra's Law] the gold standard of child endangerment laws."
According to MADD statistics, since taking effect in December 2009, more than 1,400 drivers have been arrest in New York for violating Leandra's Law.
Leandra's Law
According to the New York State Division of Criminal Justice Services, a driver accused of drunk driving with a child under the age of 16 in the vehicle faces the following penalties under Leandra's Law:
- A driver charged with his or her first DWI -- defined as having a blood alcohol content (BAC) of .08 percent or greater -- can be charged with a Class E felony, which is punishable by a prison sentence of up to 4 years.
- A driver charged under Leandra's law MUST install an ignition interlock device on all vehicles owned and operated by the driver for a minimum of six months and an ignition interlock restriction will be added to the driver's license. Ignition interlock devices measure the driver's BAC before allowing the vehicle to start. If there is a detectable amount of alcohol present, the vehicle will not start.
- The driver's license will be automatically suspended while the case is ongoing.
- If the driver is the parent or legal guardian of the child under the age of 16 in the vehicle, a report will be made to the Statewide Central Register of Child Abuse and Maltreatment.
- If a child under the age of 16 in the vehicle is seriously injured, the driver can be charged with a Class C felony, which is punishable by a prison sentence of up to 15 years.
- If a child under the age of 16 in the vehicle is killed, the driver can be charged with a Class B felony, which is punishable by a prison sentence of up to 25 years.
The Consequences of a Felony DWI Conviction
Along with facing the penalties imposed by Leandra's Law, a driver convicted of DWI also will have his or her life altered by having a felony on his or her record. The consequences of a felony conviction can include:
- Adverse effects on the retention of a professional license
- Restrictions on travel outside of the United States
- Ban on owning firearms
- Loss of voting rights until prison sentence is served or until the convicted felon is discharged from parole
- Possible deportation if a person is not a citizen of the United States
- Possible limitations on finding places to live and work
- Difficulties in obtaining credit
Whether Leandra's Law or laws similar are adopted by other states, New Yorkers already face the harsh consequences of a conviction. Leandra's Law charges are very serious and a conviction can have a profound impact on your life. Consider speaking with an experienced New York DWI attorney if you have been accused of drunk driving, especially if a child under the age of 16 was a passenger in the vehicle. An attorney can advise you of your legal options and defend your rights.
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