What is Leandra's Law? The heightened criminal consequences for DWI with a child in the car

Obviously, a person should not be driving intoxicated with a child in the car.  That being said, the passage of Leandra's Law makes driving with a child in the automobile, while intoxicated, an even more serious offense.

Leandra's Law makes it a crime to operate a motor vehicle when a child less than 16 years old is present in the automobile as well as when other factors exist. The fine ranges from $1,000 to $5,000.  Moreover, because the Leandra's Law offenses are felonies, the penalty can be state prison.

Driving while intoxicated or impaired by drugs when a child, fifteen years old or younger, is in the vehicle, is an "E" felony, punishable by up to four years in prison for a first time offender

Driving while intoxicated or impaired by drugs when a child, fifteen years old or younger, is in the vehicle and that child sustains a "serious physical injury" as defined by the New York Penal Law, It is a "C" felony, punishable by up to fifteen years in prison for a first time offender, 

In addition to the penalties for this crime, if you are a parent, the police or prosecutors are required to report your arrest for drunk driving - DWI or DUI - if your fifteen year old or younger child was in the vehicle. This report is made to the Statewide Central Register of Child Abuse and Maltreatment.

Anthony LoBiondo

www.LoBiondoLaw.com
For a free consultation with DWI attorney Anthony LoBiondo, call (845) 742-7133.  24 hours a day, 7 days a week.  www.LoBiondoLaw.com, 22 years experience.