Law Office of Jack Kotchick

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What is Leandra's Law?

Leandra's Law was signed nearly nine years ago, which strengthened penalties for drinking and driving in New York. The law, sometimes known as the Child Passenger Protection Act, was proposed after Leandra Rosado, an 11-year-old girl, was killed on the Henry Hudson Parkway while she rode in a vehicle with a friend's mother, who was intoxicated behind the wheel.

Below is a look at the different aspects of Leandra's Law and how they have impacted penalties since the law's passage.

Class E Felony for Children in Vehicle

Leandra's Law established a new Class E Felony for Aggravated DWI/Child in Vehicle. Under Leandra's law, it is a felony to operate a motor vehicle under the influence of alcohol or drugs while a child who is 15 years or younger is in the vehicle.

Ignition interlock requirement

Anyone convicted of either the felony or Aggravated DWI/Drinking with a Blood Alcohol Content (BAC) of .18 or More is required to install and use an ignition interlock device (IID) in any vehicle the convicted party owns or operates. The IID remains in the vehicle for 12 months, unless otherwise permitted by the court. The sentencing court must impose a conditional discharge or probation, and a condition of the sentence must be the IID requirement.

Convicted parties are required to pay for the cost of the installation, maintenance and removal of the IID themselves. In general, these costs are approximately $200 for installation and removal and an additional fee of $100 per month. Court approval is required to waive or reduce the costs.

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Law Office of Jack Kotchick

95 Court St.
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Binghamton, NY 13901

Phone: 607-821-0551
Fax: 607-296-3408
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