In November of 2009 Leandra’s Law, also known as the Child Passenger Protection Act, officially passed into legislation in the state of New York. This was due in part to the tireless efforts of grieving father, Lenny Rosado, whose 11-year old daughter was killed when a family friend drove her while drunk.
Law Stipulations
In New York it is now an automatic felony for first-time offenders to drive while intoxicated (DWI) with a blood alcohol content (BAC) of .08 or higher with a child aged 15 years or younger present in the vehicle. Any individual violating this law faces a Class E Felony, chargeable with up to four years of jail time and a fine anywhere from $1000-$5000. If proven guilty, the individual’s license is suspended for a minimum of a year. If the party is also a parent or guardian, they are reported to the Statewide Central Register of Child Abuse and Maltreatment.
Injury of Child Passenger
If the child passenger in a DWI incident experiences “serious physical injury” as a result of the DWI, it becomes a Class C Felony, punishable by up to 15 years in prison. If the child dies as a result of the DWI, the charge is a Class B Felony and the individual can face up to 25 years of incarceration.
Ignition Interlock Provision
Any driver convicted of drunk driving charges, regardless of whether a child (ages 15 years or younger) was present at the time of the incident or not, is court-ordered to implement ignition interlock devices on any motor vehicles they own or operate for no less than six months. Evidence of this charge will be added to the individual’s driver license and record. The individual must cover all expenses of installing and maintaining the interlock device. After successful use of the ignition interlock device over the appropriate court-mandated time period, they may apply to have the documentation removed from their license.
Operating a vehicle without the device during time allotment or assisting someone in bypassing it are Class A Misdemeanors and can result in up to a year in jail.