Leandra’s Law: Tough Penalties for DWI with a Child Passenger
Leandra’s Law, named after 11-year-old Leandra Rosado who tragically died in a crash caused by a drunk driver, is a New York State law that imposes severe penalties on individuals who drive while intoxicated with a child passenger. If you’ve been charged under Leandra’s Law, it’s crucial to understand the potential consequences and seek experienced legal representation.
Facing charges under Leandra’s Law? Call Attorney Andrew DeLuca today for a free consultation.
Request A Free ConsultationWhat is Leandra’s Law?
Under New York Vehicle and Traffic Law § 1192.2-a(b), Leandra’s Law makes it an automatic felony to drive while intoxicated with a child passenger who is 15 years old or younger in the vehicle. This law applies to drivers with a blood alcohol content (BAC) of 0.08% or higher, or those who are impaired by drugs.
Penalties Under Leandra’s Law
If convicted under Leandra’s Law, you face severe penalties, including:
- Class E felony charge
- Up to 4 years in state prison
- Fines ranging from $1,000 to $5,000
- Installation of an ignition interlock device for at least 12 months
- Driver’s license suspension or revocation
- Potential child endangerment charges
These penalties are in addition to the standard consequences for a DWI conviction, making it essential to have a skilled attorney who can navigate the complexities of your case.
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The Ignition Interlock Requirements in Leandra’s Law
One of the most significant aspects of Leandra’s Law is the mandatory installation of an ignition interlock device (IID) for anyone convicted of driving while intoxicated with a child in the vehicle. An IID is a breathalyzer connected to your vehicle’s ignition system, requiring you to blow into the device to start your car. If the device detects alcohol on your breath, the vehicle will not start.
Under Leandra’s Law, the IID must be installed on any vehicle owned or operated by the convicted individual for a minimum of 12 months. The cost of installation and monthly maintenance fees are the responsibility of the convicted driver. Failure to install the device or attempting to tamper with or circumvent it can result in additional criminal charges and penalties.
Capital Region DWI Defense Lawyer For Leandra’s Law
If you or a loved one has been arrested under Leandra’s Law in the Capital Region or surrounding areas, don’t wait to seek legal help. Call The Law Office of Andrew DeLuca at 518-245-9109 to schedule your free consultation and start building your defense.
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