Leandra's Law is a New York State law making it an automatic felony

Felony

A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

 on the first offense to drive drunk with a person age 15 or younger inside the vehicle

Vehicle

A vehicle is a device that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats, and aircraft....

, and setting the blood alcohol content

Blood alcohol content

Blood alcohol content , also called blood alcohol concentration, blood ethanol concentration, or blood alcohol level is most commonly used as a metric of alcohol intoxication for legal or medical purposes....

, or BAC, at 0.08. The bill was unanimously passed by the New York State Assembly and the New York State Senate

New York State Senate

The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...

 and then signed into law by Gov. David Paterson

David Paterson

David Alexander Paterson is an American politician who served as the 55th Governor of New York, from 2008 to 2010. During his tenure he was the first governor of New York of African American heritage and also the second legally blind governor of any U.S. state after Bob C. Riley, who was Acting...

on November 18, 2009.R

Background

Leandra Rosado, an 11 year old girl, was killed on the Henry Hudson Parkway in New York City on October 11, 2009 when her friend's mother, Carmen Huertas, flipped the car they were in while allegedly under the influence of alcohol. Six other children were also injured during the incident.

The law

Pursuant to New York Vehicle Traffic Law Section 1192-2a, any person caught operating a motor vehicle while intoxicated and transporting a child shall be charged with a Class E Felony. In the event that reckless driving and death or serious physical injury is not a factor, an individual will automatically be charged with a class D felony. Defendants convicted under the new law face a prison sentence of up to four years and a fine of $1000–$5000. The installation of a mandatory ignition interlock device for a term of at least six months is also an expected provision of sentencing (mandatory for all DWI offenses August 15, 2010). Moreover, licenses are automatically suspended pending prosecution and once proven guilty, the person will be reported to the Statewide Central Register of Child Abuse and Maltreatment and his/her license will be suspended for a minimum of twelve months. First time and repeat offenders are charged with an E level felony, regardless of criminal record.

Recent cases

Thomas Richardson of Rochester, New York was the first person arrested under this new law (People v. Richardson, Monroe County, 2010). He was arrested one day after the law went into effect while driving in the town of Greece. Richardson was accused of driving while intoxicated, with his 10-year old daughter riding on his lap. At trial, Richardson's attorney, Kevin McKain, argued that the police fabricated the charges. Following a three-day jury trial, Richardson was acquitted of the felony charge and a related charge of endangering the welfare of a child.

On December 7, 2010, well known Rochester New York DWI defense specialist Edward L. Fiandach likewise obtained a not guilty verdict in a Stuben County matter entitled People v. Carey Stephens. Ms. Stephens was charged with operating a motor vehicle with a .10 BAC with a child under the age of 16 as a passenger.

External links

• http://www.assembly.state.ny.us/Press/20091117a/
• http://www.27east.com/story_detail.cfm?id=304546
• http://www.cnn.com/2009/CRIME/11/19/new.york.dwi.law/
• http://wcbstv.com/politics/leandras.law.dwi.2.1320705.html
• http://newyorkcriminaldefenseblawg.com/2009/12/leandras-law-new-york-state-legislature-passes-stern-new-dwi-law/
• http://www.mckainlaw.com