What is Leandra’s Law?
Leandra’s law made a first-time offense of driving while intoxicated with a person under the age of 16 in the car an automatic felony. This law also set the current BAC to its current number of .08. This law was signed into effect by Gov. David Patterson in 2009.
What is the meaning behind Leandra’s Law?
Leandra’s Law came into fruition from a drunk driving accident where 11-year-old Leandra died at the hands of a family friend who lost control of the vehicle at 70 mph and blew a BAC of .12 when taken into the police station. Because of Leandra’s tragic death, the New York State Legislature changed the Vehicle and Traffic Law, making violations of Leandra’s Law have criminal charges.
What are the charges related to Leandra’s Law?
A person(s) who is found guilty of violating Leandra’s Law can:
- Be charged with a Class E Felony.
- Have mandatory installation of an ignition interlock device for a minimum of twelve months.
- If the driver was a parent of the child, they will be reported to the Statewide Central Register of Child Abuse and Maltreatment.
- Be fined up to $5,000
A person(s) who has caused the death of a child (less than 16 years of age) due to their intoxication while driving will be:
- Charged with a Class B penalty and face up to 25 years in prison
A person(s) who has caused serious injury to a child (less than 16 years of age) due to their intoxication while driving will be:
- Charged with a Class C Felony and face up to 15 years in prison
How much can you be fined if convicted of Leandra’s Law?
One can be fined up to 5,000 not including Lawyer fee’s if convicted of Leandra’s Law.
What is an interlock ignition device?
An interlock ignition device is essentially a breathalyzer used to start an individual’s vehicle. Someone can be required to install one on their vehicle following a drunk driving incident. The person would need to blow into the breathalyzer and pass the test in order for the car to start. When convicted of Leandra’s Law, someone can face a minimum of twelve months of the interlock device installed in their vehicle.
How much can you be fined if convicted of Leandra’s Law?
One can be fined up to 5,000 not including Lawyer fee’s if charged if convicted of Leandra’s Law.
What is the difference between having your license suspended and having your license revoked?
Suspension of a license often results in all privileges of having a license being reinstated following the suspension period. If your license is revoked the privileges are not automatically reinstated following the revocation period. There are often fines and a new license has to be issued. In New York State if your license is suspended you can be charged with a crime and in some cases a felony with a minimum of 4 years in prison.
Can my license suspension follow me to a different state?
The short answer is yes, your license suspensions can follow you to another state. States try to have one uniform driving record per driver. Trying to move away from your tickets or convictions can actually lead to more charges if you lie to officials when applying for a new license. *If you or someone you love has been charged with a Leandra’s Law violation, we can help. It’s important for you to get the right people in your corner to help educate, protect, and give you a second chance. Contact us today.
DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for The DWI Team are located at 231 Walton Street, Syracuse, New York 13202; Telephone No.: 1-877-704-9991. Prior results do not guarantee a similar outcome.
