Leandra’s Law is a landmark piece of legislation in New York designed to protect children from drunk driving. It significantly increases the penalties for DWI when a child is in the vehicle. Understanding Leandra’s Law is crucial for all New York drivers, especially those who may have children in their care. Let’s delve into what this law entails and its implications.
What is Leandra’s Law?
Leandra’s Law, officially known as the Child Passenger Protection Act, was enacted in 2009. It makes it a felony to drive while intoxicated with a child aged 15 or younger in the vehicle. The law is named after Leandra Rosado, an 11-year-old girl who was tragically killed in a drunk driving crash.
Key Provisions of Leandra’s Law
- Felony DWI: It elevates DWI to a felony when a child aged 15 or younger is in the vehicle.
- Mandatory Ignition Interlock Device: It requires all convicted drunk drivers, including first-time offenders, to install an ignition interlock device (IID) in their vehicles.
- Increased Penalties: It imposes stricter penalties, including longer jail sentences and higher fines.
- Child Endangerment: It addresses child endangerment in drunk driving cases.
Why Leandra’s Law is Important
Leandra’s Law aims to:
- Protect Children: Prevent tragedies like the one that took Leandra Rosado’s life.
- Deter Drunk Driving: Send a strong message that drunk driving with children is unacceptable.
- Increase Accountability: Hold drunk drivers accountable for endangering children.
Consequences of Violating Leandra’s Law
Violating Leandra’s Law carries severe penalties, including:
- Felony Charges: You will face felony charges, which can result in significant jail time.
- Longer Jail Sentences: Jail sentences are significantly longer than for standard DWI.
- Higher Fines: Fines are substantially higher.
- Mandatory IID: You will be required to install an ignition interlock device.
- Child Protective Services: Involvement of Child Protective Services may occur.
Defense Strategies Related to Leandra’s Law
Even with the severity of Leandra’s Law, an attorney can help you:
- Challenge the Legality of the Stop: Ensuring the traffic stop was lawful.
- Question the Accuracy of BAC Tests: Challenging the reliability of breathalyzer or blood tests.
- Examine the Evidence: Scrutinizing the evidence presented by the prosecution.
- Negotiate Potential Outcomes: Attempting to mitigate penalties where possible.
Understanding Related Charges
It’s vital to understand the distinctions between Leandra’s Law, BAC, DWAI/Alcohol, DWAI/Drug, DWAI/Combination, chemical test refusal, field sobriety tests, standard DWI, the zero tolerance law, and Aggravated DWI possibilities. If you are an out of state driver, ensure you understand how Leandra’s Law will impact your home state.
Why Choose James Medows?
James Medows is an experienced New York traffic attorney who understands the complexities of Leandra’s Law. He can provide aggressive representation and help you navigate the legal process.
Protect Children: Understand Leandra’s Law
Leandra’s Law is a critical piece of legislation that protects children from the dangers of drunk driving. Contact James Medows today for a consultation and let him help you understand your rights and obligations.