Leandra’s Law, also known as the Child Passenger Protection Act, is a stringent statute in New York State that targets individuals driving while intoxicated or impaired by drugs with a child under 16 in the vehicle. Under this law, drivers convicted can be charged with up to a Class B felony, which may result in severe penalties, including several years in prison. In addition to a prison sentence and probation, a DWI conviction under Leandra’s Law in New York often leads to an ignition interlock restriction being placed on any car “owned or operated” by the offender.
If you were driving while intoxicated or impaired by drugs with a child passenger, you can be held legally responsible. Nassau County, Long Island DWI defense lawyer Gianni Karmily can help you navigate these serious charges and mount an effective defense for driving while intoxicated or reckless driving in New York. Call (516) 630-3405 for our Great Neck location or (516) 614-4228 for our Hempstead location to schedule a case evaluation with a Nassau County, Long Island criminal defense attorney today.
Leandra’s Law NY: Changes to Vehicle and Traffic Law in New York
Leandra’s Law has introduced significant changes to the Vehicle and Traffic Law in New York, reinforcing the seriousness with which the state views driving while intoxicated or impaired by drugs, particularly when it endangers children. Under this law, New York drivers convicted of DWI or driving while impaired by drugs with a child passenger face harsh penalties, including requiring drivers to install ignition interlock devices in every motor vehicle owned or operated by them. These devices prevent a motor vehicle from starting if the driver’s blood alcohol level exceeds a preset limit, ensuring that only sober driving occurs.
Leandra’s Law Minimum Sentence in New York
Leandra’s Law categorizes offenses under various felony classes, each reflecting the severity of the crime and prescribing a prison sentence that underscores the gravity of endangering child passengers.
Class E Felony
A first-time offense under the Child Passenger Protection Act is classified as a Class E felony, punishable by up to four years in state prison. A Class E felony applies to drivers who, while intoxicated or impaired, endanger the life of a child passenger without causing physical injury. The law mandates that such drivers install and maintain an ignition interlock device in every vehicle they own or operate for at least one year post-conviction, emphasizing the importance of preventing recurrences.
Class C Felony
A Class C felony under Leandra’s Law is reserved for those instances where the driver’s actions result in serious physical injury to the child passenger. A Class C felony, punishable by up to fifteen years in state prison, acknowledges the grave consequences of driving while intoxicated or impaired with a child passenger in the motor vehicle.
Class B Felony
The most severe classification under Leandra’s Law is applicable when intoxicated or impaired driving results in the death of a child passenger. A Class B felony, punishable by up to twenty-five years in prison, underscores the tragic outcomes that can arise from driving under the influence.
Statewide Central Register of Child Abuse and Maltreatment
Leandra’s Law also mandates the reporting of every DWI conviction involving a child passenger to the Statewide Central Register of Child Abuse and Maltreatment. This ensures that instances of endangerment are recorded and treated with the gravity they deserve, integrating traffic violations with broader child protection measures.
Long Island Criminal Defense Lawyer
For residents of Nassau County, Long Island, facing DWI charges, navigating the complexities of New York’s Vehicle And Traffic Law can be daunting. Criminal defense attorney Gianni Karmily stands ready to provide legal defense, offering guidance and representation tailored to each unique case. He understands the nuances of Leandra’s Law, from the implications of a DWI conviction with a child passenger to the requirements for an ignition interlock device and the potential consequences on one’s driver’s license and freedom. He understands the applicable defenses, such as the rising BAC defense and false DWI charges in New York.
Whether you’re facing a Class E, D, C, or B felony under Leandra’s Law, criminal defense lawyer Gianni Karmily is equipped to provide the robust defense you need, aiming to mitigate the impact of these serious charges on your life.
