212-500-3273

Leandra’s Law

A Law Punishing Drunk Drivers

Leandra’s Law is a relatively recent addition to New York DWI statutes. This legislation is named after Leandra Rosado, an 11-year-old girl who was killed when the car she was in crashed. The driver of the car was found to be intoxicated and convicted of DWI. After the tragic accident, Leandra’s Law was enacted to promote child welfare.

Part of Leandra’s Law applies only to people arrested for a DWI when a child under the age of 16 is in the vehicle. Any intoxicated driver cited for this offense may face elevated Class E felony charges, and face heightened punishments, if convicted.

Another element of Leandra’s Law affects virtually anyone who is convicted of DWI, whether it is first DWI offense or a repeat incident. An ignition interlock device must be installed for at least six months in the vehicle of any person convicted of a misdemeanor or felony DWI.

If you’d like to discuss your case with a New York City DWI attorney,

Calling 212-500-3273

The Consequences Of Breaking Leandra’s Law

Leandra’s Law is meant to deter people from driving intoxicated while transporting children who under the age of 16. As might be expected, given the intention of the law, the penalties designated for those who are found guilty of this offense can be quite severe.

Punishments may include:

  • First-time DWI offenders who break Leandra’s Law by means of having a BAC of .08 percent or higher, or being impaired by drugs, may be sentence for up to four years in prison.
  • If a child is injured as a result of a driver being intoxicated, the offense is punishable by up to 15 years in prison.
  • If a child is killed in an accident while riding with an impaired driver, the responsible individual could face up to 25 years in prison.
  • Any person who violates Leandra’s Law is subject to an automatic license suspension.
  • A person convicted of a misdemeanor or felony DWI must have an ignition interlock device installed for at least six months.

It is important to reinforce that the ignition interlock provision of Leandra’s law affects not only those who have been convicted of driving impaired with a child under the age of 16. Rather, it is mandatory that an ignition interlock device be installed in the vehicle of any person convicted of a misdemeanor or felony DWI.
 

Finding Help In Facing Serious Charges With A New York City DUI Lawyer

Whether you’re facing a first-time DWI offense or are a repeat offender, it is important to know about Leandra’s Law and how it affects driving while intoxicated cases. An attorney can fill you in on the details of the law, as well as its implications for your situation.

Speaking with an attorney is a good idea for a wide range of other reasons as well. This legal professional, for example, can provide insight into defense strategies that may be  available based on the circumstances of your case.

To schedule a meeting to discuss your case with one of our New York City DWI attorneys.
Calling 212-500-3273