Leandra's Law Could Deem Your First DWI a Felony

Along with 36 other states, New York has certain child endangerment laws that impose harsher penalties on those who endanger child passengers while driving under the influence of alcohol or drugs.

The Child Passenger Protection Act, also referred to as Leandra’s Law, has been in effect since 2009. The law was named in honor of Leandra Rosado, an 11-year-old who unfortunately was killed while riding with the intoxicated mother of one of her friends. She was the only fatality out of seven total children involved in the accident.

Under this law, first offense DWI infractions are considered an automatic felony if:

  • There is a person under the age of 15 in the vehicle
  • The driver blows a BAC of 0.08 or higher

If convicted, violators of this law could face up to $5,000 in fines and four years in prison. In addition to these penalties, the use of an ignition interlock device and immediate license suspension pending prosecution may be imposed.

Parents or guardians can also be reported to the Statewide Central Register of Child Abuse and Maltreatment. Additional penalties are imposed if the driver causes injury to a child, resulting in a possible 15 year prison sentence, or if the driver causes the death of a child, resulting in a possible 25 year sentence.

Charged with a Felony DWI? Start Protecting Your Future!

If you have been charged with a felony DWI under Leandra’s Law, this is a very serious matter that puts your future at risk. It is imperative that you retain a Queens criminal defense lawyer as soon as possible.

The Law Office of Kevin P. O’Donnell can provide a strong, hard-hitting defense that may be able to reduce the penalties you face. As former prosecutors, we can provide invaluable insight and offer a relentless pursuit of justice for our clients. Don’t let a public defender’s inexperience weaken your defense!

Obtaining top-notch representation is simple – fill out a free case evaluation now and our firm will be in touch with you directly.

Categories: DWI, Felony DWI
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Law Office of Kevin P. O’Donnell
Queens Criminal Defense Attorney

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