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New York Finds Early Success With Leandra's Law
In 2009, New York passed Leandra's Law, which makes it a felony to drive drunk with a child in the car. Less than two years later, the law appears to be an early success.
May 21, 2011 /Mens Interest PR News/ -- 2009 Law Increased Punishments for Drunk Driving Offenses
In 2009, New York Gov. David A. Paterson signed the Child Passenger Protection Act into law. Known as "Leandra's Law," the measure upped the penalties faced by those convicted of certain drunk driving offenses in New York, including first time offenders.
Under Leandra's Law, the punishment for driving drunk or under the influence of drugs with a child under the age of 16 in the vehicle was increased from a misdemeanor to a felony. If the driver is the parent or legal guardian of the child in the vehicle, then the arresting officer is required to report the incident to the Statewide Central Register of Child Abuse and Maltreatment.
Drivers charged under Leandra's Law also automatically surrender their driver's licenses pending the outcome of their charges.
Leandra's Law is named after 11-year-old Leandra Rosado, who died in a drunk driving accident. Rosado and six other children were riding in a vehicle driven by Carmen Huertas, the mother of one of the other children. Huertas was drunk and speeding at the time of the crash. Rosado was thrown from the vehicle and later died as a result of her injuries. Huertas currently is serving a 12-year prison sentence.
Those convicted of driving impaired with a child passenger may be sentenced to up to four years in prison. The penalties are significantly higher if the driver is involved in an accident that harms or kills the child passenger:
- Class C felony: those who are convicted of driving while intoxicated or impaired by drugs and are in an accident causing serious physical injury to a child under the age of 16 in the vehicle face up to 15 years in prison
- Class B felony: those who are convicted of driving while intoxicated or impaired by drugs and who are in an accident causing the death of a child in the vehicle under the age of 16 face up to 25 years in prison
A second provision of the law went into effect last August that requires everyone in New York who is convicted of a drunk driving offense to install an ignition interlock device (IID) in their vehicles for at least six months. It does not matter if this is the driver's first DWI offense or subsequent offense or whether a child was or was not present in the vehicle at the time of the arrest. New York is one of 11 states in the country that mandate IIDs for first time offenders.
Law Has Resulted in More Felony Convictions for DWI Offenders
Less than two years after the passage of Leandra's Law, the early consensus is that the law has been successful.
From December 2009 through the end of February 2011, nearly 1000 drivers have been arrested under the law. According to recently released statistics from the Division of Criminal Justice Services, of those arrested 310 have been convicted and sentenced, with 214 of them convicted of felonies.
Statistics also show that 7 out of every 10 drivers charged under Leandra's Law eventually have been convicted of the charges and more than 40 percent of those convicted have spent time in jail.
Interestingly, residents of New York City, Nassau, Suffolk and Westchester Counties account for nearly one quarter of the total number of people arrested under the law to date.
Increased DWI Penalties Ignore Bigger Problem
Just as some people are celebrating the success of Leandra's Law, others are pointing out what the law ignores - the bigger problem of drug and alcohol addiction and abuse.
While increased penalties against first time and other DWI offenders may temporarily prevent them from driving, those who have serious addiction issues are likely to continue to reoffend, regardless of how steep the punishments for doing so may be.
Alcohol and drug abuse treatment programs are necessary for these types of offenders. But funding for these programs is becoming harder to find in strained state budgets and, without these programs, those who have dependency problems may not get the help they need.
Meanwhile, those who do not suffer from a serious addiction and who are not likely to re-offend are treated under the law the same as those who do. There no longer is any margin of error in New York's drunk driving laws for those who made a one-time mistake that did not harm anyone.
Get Help For Your Drunk Driving Charge Today
New York does not take drunk driving offenses lightly. If you have been charged with your first DWI offense or a subsequent offense, it is important to take the charges seriously and get the help you need to defend against them.
A criminal defense attorney experienced in helping those charged with drunk driving offenses can explain the seriousness of the charges you face and all of the available options for defending against the charges. For more information, contact a knowledgeable DWI defense lawyer today.
Article provided by Colwell Cowell & Petroccione LLP
Visit us at www.trafficviolationlawyerny.com
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