What is Leandra’s Law?

Leandra's Law, People in a Car

Leandra’s Law is also known as the Child Passenger Protection Act and it was passed on Dec. 18, 2009. It is a serious law in New York State making it an automatic felony on the first offense to drive while intoxicated with a passenger child of 15 years or younger. It was named after an 11-year-old child named Leandra Rosado who was killed on Henry Hudson Parkway on October 11, 2009. Her mother’s friend was driving 68 miles per hour while under the influence of alcohol and lost control of the car. The car was an SUV transporting seven other children who were all seriously injured, but only Leandra died in the crash.

The Leandra’s Law states any person operating a motor vehicle while intoxicated (.08 blood alcohol content or more) and is transporting a child less than 16 years old is guilty of a Class E felony and punishable for up to four years in the state prison. If the child is seriously injured, then the driver will be charged a Class C felony, punishable up to 15 years in the state prison. If the child is killed, the driver will be charge a Class B felony, punishable up to 25 years in the state prison. Drivers who have been arrested will need to consult with a DWI lawyer in New York City. Drivers near Long Island will need a Long Island DWI lawyer to help represent their case in court.

The court must require the installation of an ignition interlock device and remain on the convicted driver’s motor vehicle for at least 12 months. This device prevents the motor vehicle ignition system from starting by measuring the legal alcohol level for driving in the breath of the driver. Until the operator provides acceptable breath content, the device prevents the vehicle from starting. The Leandra Law is a serious statement to make drunk drivers think twice before driving with a minor in the car and hopefully makes New York a safer city.

Contact London & Indusi to speak with an experienced DWI lawyer in New York City today.