New York Law Targets Driving Drunk With Kids In Vehicle

A recently enacted driving law in New York has increased punishment for motorists who drive drunk with a child younger than age 15 in the vehicle.

Leandra's Law was enacted in late December. The law is named after 11-year-old Leandra Rosado, a girl who was killed in New York City on October 11 last year when her friend's mother, Carmen Huertas, flipped the car they were in while she was allegedly under the influence of alcohol while driving a group of girls to a slumber party. Six other children were also injured during the incident. A report said that the driver was playing a game with the children to see if they could get to the party without crashing.

The law creates even harsher penalties for drivers who are intoxicated or under the influence of drugs. If a motorist receives a DWI or a DWAI and a child is in the car, the crime will be considered an "E" felony, resulting in 1 to 4 years in state prison if the driver is a first-time offender. The driver will also receive a fine ranging from $1,000 to $5,000 and will also have to place an ignition interlock device on their vehicle.

The law increases penalties if a child has been seriously injured or is killed. If a child is injured, a motorist would be hit with a Class D felony and will possibly be in a state prison for 1 to 7 years. If reckless driving contributed to the injury, the driver would receive a Class C felony charge and could get a maximum prison sentence of 15 years.

In the instance of a child's death being caused by a drunk driver, the driver will get a Class C felony charge and a maximum sentence of 15 years in prison. If reckless driving is a contributing factor, the driver would be charged with a Class B felony and will get a prison sentence of up to 25 years.

If you have recently received a DWI in the state of New York, we can help you fight the charge.