Gary J. Wojtan, Managing Attorney
By Gary J. Wojtan
January 17, 2010
New York State’s new Child Passenger Protection Act, referred to as Leandra’s Law, took effect on December 18, 2009.
Under the new law, drivers convicted of DWI with a child under 16 years old in the vehicle may face sentences of up to four years in a NYS prison.
The legislation is named after 11-year-old Leandra Rosado, of Manhattan. On October 11, Leandra and six of her girlfriends piled into a car driven by Carmen Huertas, a mother of one of the girls. Huertas was driving the girls to a slumber party.
While driving drunk on the Henry Hudson Parkway, the car flipped. Leandra Rosado was thrown from the vehicle and died from head and chest injuries. Her six girlfriends and Huertas survived the crash.
Harsh sanctions
Under the new law, first-time offenders with a BAC of .08 or more or under the influence of drugs, and with a child age 15 or under in the vehicle, will automatically have their driver’s license suspended. In addition, first-time offenders will have to install a ignition interlock device in their car and can be charged with a Class E felony which is punishable to up to four years in prison.
Intoxicated drivers who cause serious injury to a child may be charged with a Class C felony punishable up to 15 years in prison, and drunk drivers who cause the death of a child will be charged with a Class B felony that can bring up to 25 years in prison.
In addition to the new sanctions, parents caught driving impaired with their kids will be reported to the Statewide Central Register of Child Abuse and Maltreatment.
Nationwide trend
Driving while intoxicated remains a popular target for legislators. Various proponents of tougher DWI legislation point out that tougher penalties and greater enforcement will save lives and reduce insurance costs. Over 37,000 people were convicted of alcohol-related driving offenses in 2008. It is estimated that over 13,000 people died last year in alcohol related accidents.
There is a nationwide trend toward tougher DWI penalties. California implemented a pilot program which now makes interlock devices mandatory for first time drunken drivers in several counties. Over 146,008 admission interlocks are in use in the United States. Nationally over 1.4 million people have been convicted of a drinking/driving offense. 47 different states require the use of ignition interlock devices under various circumstances.