Home » Parenting Articles » New York's Leandra's Law: Enhanced DUI Penalties When a Child Is Present
New York's Leandra's Law: Enhanced DUI Penalties When a Child Is Present
A new law, called Leandra's Law, has been enacted in New York to trigger substantial penalties if a child under 16 is in the car at the time of a drunk driving offense.
April 24, 2010 /Parenting PR News/ -- New York's Leandra's Law: Enhanced DUI Penalties When a Child Is Present
Around the country, states are cracking down on drunk driving. In state after state, legislatures are enacting ever-increasing penalties for drivers convicted of multiple drunk driving infractions, and New York is no exception. A new law, called Leandra's Law, has been enacted in New York to trigger substantial penalties if a child under 16 is in the car at the time of a drunk driving offense.
Drivers receiving their first drunk driving conviction in New York can expect a fine of between $500 and $1,000. Their driver's licenses could be suspended for a minimum of six months, and they face up to one year in jail and mandatory alcohol screening and alcohol evaluation. Finally, the convicted driver must purchase and install an ignition interlock device -- a device that attaches to the car's ignition system, blocking the car from starting until the driver breathes into the device.
A second drunk driving conviction carries with it increased penalties. The driver will spend between five days to four years in jail, pay a fine between $1,000 and $5,000, and lose his or her license for at least 12 months. Along with the ignition interlock device and alcohol assessment, 30 days of community service may be required for this class "E" felony.
A third conviction, classified now as a class "D" felony, carries a minimum of 10 days in jail, up to seven years (or 60 days of community service), a fine between $2,000 and $10,000, and a suspended driver's license, again for a minimum of 12 months.
Regardless of whether it is a first offense, carrying a child under 16 while driving drunk is now considered a class "E" felony, with fines up to $5,000, jail time of up to four years or a combination thereof. Should the child be seriously injured, the charge is upgraded to a class "C" felony, punishable by up to 15 years in prison. Should death occur, it is enhanced to a class "B" felony, and the defendant could face up to 25 years in prison.
The under-16 laws came about after the death of Leandra Rosado, age 11, who was killed in October 2009. A friend's mother was driving Leandra to a slumber party, when the car crashed and Leandra was thrown from the vehicle. She died from head and chest injuries. The friend's mother was driving drunk, according to police.
Lenny Rosado, Leandra's father, pushed for the law, which went into effect last November, about a month after Leandra's death. The law has already been used to charge a father after allegedly driving drunk with his 4-year-old son. The father faces multiple charges, including aggravated DWI with a child present, driving while intoxicated and endangering the welfare of a child.
Article provided by Brill Legal Group, P.C.
Visit us at www.brill-legal.com
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com |
|
|
Press Release Contact Information:
Findlaw PR
|
|
|
|
|
|
|
Advertise With Us |
About Us |
Contact Us