Leandras Law

 

Drunk Driving With Children

Leandras Law Buffalo NY DWI Attorney

Leandra's law was initially passed in 2009 (recently amended in 2013) after Leandra Rosado, an 11 year old girl, was killed (and six other children were injured) when her friend's mother crashed the car they were riding in while under the influence of alcohol. Leandra's Law also known as the Child Passenger Protection Act makes it an automatic Class E felony punishable by up to four years in state prison on the first offense for driving drunk with a person age 15 or younger inside the vehicle.

Leandra's Law also included the following for drivers convicted of DWI in Buffalo NY:

1) Requires the installation of an ignition interlock device for a DWI conviction for a period of one (1) year even if it is your first offense and there is no child in the car, 2) Driving a vehicle without an ignition interlock device after you have been ordered to install one is a Class A misdemeanor, punishable by up to one year in jail, 3); Assisting someone in circumventing an interlock device allowing an intoxicated person to drive is a Class A misdemeanor, punishable by up to one year in jail, 4) Drivers who drive while intoxicated or impaired by drugs and cause the death of a child 15 years old or younger riding in their car may be charged with a Class B felony, punishable by up to 25 years in state prison, 5) Drivers who drive while intoxicated or impaired by drugs and cause serious physical injury to a child 15 years old or younger riding in their car may be charged with a Class C felony, punishable by up to 15 years in state prison, 6) Violators of Leandras Law are reported to the Statewide Central Register of Child Abuse and Maltreatment. Statistics on Leandra's law indicate that between 2009 and 2014 there have been more than four-thousand-two hundred (4200) arrests for driving drunk with a child in the car. Erie County has the second highest arrest rate.