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Leandra’s Law, also known as Aggravated DWI with a Child Passenger, is a New York State law that enhances the penalties for driving while intoxicated (DWI) with a child under the age of 16 in the vehicle. The law is named after Leandra Rosado, a 10-year-old girl who was killed in a drunk driving accident in 2009.
Tiffany’s Law, also known as the New York State (NYS) Child Passenger Protection Act, is a significant piece of legislation designed to enhance the safety of children in motor vehicles. This law, named after Tiffany Heitkamp, a child who tragically lost her life in a car crash, aims to ensure that all children are properly secured in child safety seats while traveling in a motor vehicle. Tiffany’s Law addresses various aspects of child passenger safety, including age and size requirements, as well as the proper use of child restraint systems.
Zero Tolerance Law charges in New York State (NYS) are related to the operation of a motor vehicle by individuals under the legal drinking age, specifically those under 21 years old. This law is designed to deter underage drinking and driving by imposing strict penalties on those who violate it. It stipulates that individuals under 21 who operate a vehicle with any measurable amount of alcohol in their system can face legal consequences.
Vehicular Assault in the First Degree is a serious criminal charge in New York State (NYS) that is distinct from common vehicular assault offenses. This specific charge is related to cases where a person is accused of causing serious physical injury to another individual while operating a motor vehicle and being under the influence of alcohol or drugs. It falls under the broader category of vehicular crimes, which encompass offenses involving vehicles, and is considered a more severe offense due to the significant harm caused.
Vehicular Assault in the Second Degree is a significant criminal charge in New York State (NYS) that relates to accidents involving motor vehicles resulting in injuries to individuals. This offense falls under the broader category of vehicular crimes and is considered a less severe charge than Vehicular Assault in the First Degree. The key distinction between the two lies in the extent of injury and the presence of certain aggravating factors. Vehicular Assault in the Second Degree typically involves causing serious physical injury while operating a vehicle recklessly or while under the influence of alcohol or drugs.
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If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.
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DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished.
The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly.
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Leandra’s Law in New York makes it a felony to drive intoxicated with a child under 16 in the vehicle. Convictions result in felony charges, even for first offenses, and require installing an Ignition Interlock Device (IID) for at least 12 months. Penalties are harsher if the child is injured or killed.
The Zero Tolerance Law in New York applies to drivers under 21 who operate a vehicle with a blood alcohol concentration (BAC) between 0.02% and 0.07%. It is illegal for minors to have any detectable amount of alcohol in their system while driving. Penalties for violating this law include a six-month license suspension, fines, and mandatory participation in alcohol education programs.
Tiffany’s Law, enacted in New York, strengthens penalties for repeat offenders of drunk driving by counting all prior alcohol- or drug-related driving convictions, regardless of the type of vehicle involved (car, boat, snowmobile, etc.). This law ensures that repeat DWI offenders face harsher penalties even if their prior offenses occurred in different types of vehicles, aiming to prevent habitual impaired driving.
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